Terms and Conditions
Hatfields Furnishers (Stanway) Limited - Customer Terms & Conditions (August 2019)
1. THESE TERMS
a. What these terms cover. These are the terms and conditions on which Hatfields supplies its products to you.
b. Why you should read them. Please read these terms carefully before you submit your order for products to Hatfields. These terms tell you who Hatfields are, how Hatfields will provide products to you, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact Hatfields to discuss.
2. INFORMATION ABOUT HATFIELDS AND HOW TO CONTACT HATFIELDS
a. Who Hatfields are. Hatfields Furnishers (Stanway) Limited is a company registered in England and Wales with company number 1256383 and registered office at Peartree Road, Stanway, Colchester, CO3 0LA. The registered VAT number is 289559583 (“Hatfields”).
b. Contact Details. You can contact Hatfields by telephoning the customer service team at 01206 765444 or by writing to: email@example.com or to the postal address set out in paragraph 2.a.
c. How you may be contacted. If Hatfields have to contact you, it will do so by telephone or by writing to you at the email address or postal address you provided to Hatfields in your Sales Order.
d. "Writing" includes emails. When the words "writing" or "written" are used in these terms, this includes emails.
4. WHEN THE CONTRACT IS FORMED ONLINE
a. If you purchase one or more products from www.hatfields.com (the “Website”), please ensure you read and check your Sales Order carefully before submitting it to Hatfields and making payment. All information you provide during the checkout process will form part of your Sales Order.
b. All products ordered on the Website will be required to pay the Total Price before it is accepted by Hatfields.
c. Hatfields will send you an acknowledgement of your Sales Order and any Care Sheets necessary to your email address but this does not mean Hatfields has accepted your Sales Order.
d. When Hatfields emails you to say your Sales Order has been accepted, then a contract has formed between you and Hatfields.
e. When the contract has been formed, you may only cancel in accordance with paragraphs 14 to 18 (inclusive).
f. Hatfields may contact you to say that your order is not accepted. This is typically for the following reasons:
i. the products are unavailable;
ii. Hatfields cannot authorise your payment; or
iii. there has been a mistake on the pricing or description of the products.
g. Hatfields will assign a number to your Sales Order and it will help if you can tell Hatfields the order number whenever you contact it about your Sales Order.
5. WHEN THE CONTRACT IS FORMED IN STORE
a. If you purchase one or more products from Hatfields instore, please ensure you read and check your Sales Order carefully before signing it. All information you provide to Hatfields during the ordering process with your salesperson will form part of your Sales Order.
b. A contract forms between you and Hatfields when you sign the Sales Order in a Hatfields store.
c. When the contract has been formed, you may only cancel in accordance with paragraphs 14 to 18 (inclusive).
d. Hatfields will assign a number to your Sales Order and it will help if you can tell Hatfields the Sales Order number whenever you contact it about your Sales Order.
6. WHEN THE CONTRACT IS FORMED OVER THE TELEPHONE
a. If you place an order for one or more products from us over the telephone, we will send your Sales Order (including any relevant Care Sheets) to you either by email or by post as requested by you.
b. Please ensure you read and check your Sales Order carefully before signing it. All information you provide to Hatfields during the ordering process with your salesperson will form part of your Sales Order.
c. If you receive your Sales Order by email, please ensure you either send us back a signed Sales Order by return email or send it through the post to our address.
d. A contract forms between you and Hatfields when we have received your signed Sales Order by either return email or by post (as applicable).
e. When the contract has been formed, you may only cancel in accordance with paragraphs 14 to 18 (inclusive).
f. Hatfields will assign a number to your Sales Order and it will help if you can tell Hatfields the Sales Order number whenever you contact it about your Sales Order.
7. HATFIELDS PRODUCTS
a. The images of the products on the Website and any colour swatches shown to you are for illustrative purposes only. Although Hatfields has made every effort to represent the colours accurately, it cannot guarantee that a device's display of the colours nor the swatches shown accurately reflect the colour of the products. Your products may vary slightly from those images.
b. Although Hatfields has made every effort to be as accurate as possible, because its products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on the Website, brochures or leaflets, have a 5% tolerance unless otherwise as set out in paragraph 12 below.
c. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the products:
i. are of satisfactory quality;
ii. are fit for the purpose you stated before submitting a Sales Order to Hatfields (or otherwise as generally implied from the product);
iii. match the description, sample or model on delivery (subject to this paragraph 6 and paragraph 12); and iv. are installed properly (if Hatfields installs any products).
d. Hatfields must provide you with products that comply with your legal rights.
e. Hatfields provides a 2-year guarantee on its products subject to you complying with the relevant Care Sheet for that product and using the product for the purpose set out by Hatfields. The guarantee does not cover normal wear and tear of the product.
8. OWNERSHIP & STORAGE OF PRODUCTS
a. The ownership of the products remains with Hatfields until you have paid for the relevant product in full and cleared funds.
b. You are wholly responsible for the products once Hatfields (or one of its subcontractors) has unloaded the products to the Delivery Address set out in the Sales Order.
c. Hatfields may need to deliver the products in instalments and shall agree delivery dates for the instalments with you.
d. If you have not paid for a product in full (where it is not purchased on credit agreement terms) or taken Delivery of the product within 30 days of Hatfields Delivering or attempting to Deliver it, Hatfields will let you know if it intends to:
i. dispose of your product as it sees fit to recover its costs;
ii. cancel this contract; and
iii. Hatfields will refund you in accordance with paragraphs 14.d, 14.e and 14.f.
e. If you require Hatfields to store your product, you will be required to pay for your products in full at the date of the request and, after the first consecutive 30 days from the date of the request, you may be required to pay £35 per week relating to Hatfield’s storage of your products for you.
f. Hatfields will not arrange delivery for any products to any addresses outside of the UK.
a. Hatfields accepts all major credit and debit cards. Hatfields will not accept cash from you for amounts over £3000.
b. Hatfields may offer you credit agreement terms for payment of products; however this is subject to a strict authorisation procedure that must be carried out to allow Hatfields to determine whether it can offer you credit terms or not.
c. If an approved credit agreement is not in place, you must pay Hatfields a minimum deposit of 50% of the Total Price before Hatfields starts to perform its obligations under this contract.
d. If a credit agreement is approved and provided to you, you are required to pay a minimum deposit of 25% of the Total Price before Hatfields starts to perform its obligations under this contract.
e. If ordering products instore, Hatfields shall take payment details after you have signed your Sales Order by entering the relevant payment details into its system.
f. If ordering products through the Website, follow the prompts for payment. Hatfields use a secure third-party payment provider that will collect and process your Price details and Hatfields will not have any access to any information you have provided to such payment provider. All payments by credit card or debit card need to be authorised by the relevant card issuer.
h. The balance of the Total Price must be paid before Hatfields deliver your products to the Delivery Address. This does not apply when payment of your Sales Order is subject to a credit agreement.
10. YOUR PRIVACY AND PERSONAL INFORMATION
d. Your details will only be passed to those third parties that strictly need to know such details in order to provide you with the products and services offered to you under this contract.
e. Should you wish not to be contacted by Hatfields in the future or wish to be removed from its mailing list, please advise Hatfields at any time by emailing firstname.lastname@example.org.
11. DELIVERY & DAMAGE
a. It is your responsibility to check and ensure that the dimensions of all products in your Sales Order are suitable for their intended purpose and can be successfully and safely delivered into their desired location. This includes but is not limited to ensuring Hatfields has appropriate access to your property, removing any equipment or items from the desired location (including but not limited to electrical equipment) and ensuring the products will fit through doors and other access points, staircases and their intended locations. You are advised to remove any wall furniture or other items that may obstruct the access of products on route to the product’s desired locations.
b. Unless expressly prior agreed in writing, Hatfields will not remove or interfere with any doors, windows, electrical equipment (including but not limited to television receivers such as Sky) and other items or furniture; this is your responsibility if such action is required.
c. Hatfields will not be held responsible for any actions taken by an employee or subcontractor of Hatfields that you ask them to do at your property beyond installing or delivering your products (for example unplugging and plugging in television receivers). Any such requests that fall outside the scope of this contract and will be at your sole risk.
d. Hatfields will make every effort to fulfil all orders on the date agreed, or if no date has been specified, within a reasonable time from the Order Date as set out on your Sales Order.
e. However, Hatfields will not be held responsible for delays in delivery caused by circumstances beyond its control. If this happens, Hatfields will contact you to let you know a revised delivery date as soon as reasonably possible.
f. Every effort will be made to deliver to you on the delivery dates notified to you but failure by Hatfields to deliver on a specific day or time will not render Hatfields liable for any damages or any other consequential loss and nor will you be able to cancel the contract as a result.
g. Hatfields do not offer deliveries at weekends.
h. Please inspect the products thoroughly upon receipt and sign the delivery acknowledgement to confirm that they have been received in good condition. If you do receive an item with damage or a fault, you must report this to Hatfields within 30 days of delivery. Hatfields may arrange for an independent contractor to visit your home and assess the products for repair or replacement. If it is established that if normal tolerances have been exceeded or damage has been caused by you not complying with the relevant Care Sheet given to you before the contact was entered into, you may not be entitled to a refund and any refunds or store credit offered will be at Hatfields’ sole discretion.
i. Any damage to your property caused by Hatfields’ delivery team must be reported to the team before they leave the Delivery Address. Hatfields accept no responsibility for any damage found after its delivery team departs.
12. SPECIFICATION CHANGES, MATERIAL & COLOUR VARIANCE
a. ‘Bespoke products’ are those products that are not ‘pre-made’ or in existence as a final product before you place a Sales Order with Hatfields, but those products made to the specification set out on your Sales Order after the Order Date.
b. In rare circumstances, Hatfields’ manufacturer may alter the specifications or design of a product with little notice to Hatfields. Should this occur, Hatfields will make every effort to notify you in writing as soon as possible.
c. Where any alterations to specification or design are fundamental to the style or nature of the product, you may cancel the contract for that product and any payments made to Hatfields for such product will be refunded to you.
d. You acknowledge and accept that variances in colour, shading, pile flattening on fabrics, stretching and natural markings on leather and colour variances in wood from any swatches or images may occur. This is due to the products being made from natural products and is outside Hatfields control. Provided you have been supplied with the correct style of finish as set out in your Sales Order, you will not be able to receive a refund because the natural product varies in shade or pattern to the swatches or images you were shown before you submit a Sales Order to Hatfields.
e. It is normal for rugs and carpets to shed for some time following delivery. Please allow a size variance of +/-5% of the specifications provided to you for rugs and carpets.
f. Please allow a size variance of +/-5% of the specifications provided to you for handmade mattresses.
g. If you have any concerns or questions regarding these materials and variances, please speak with Hatfields prior to placing your order.
h. All additional care, maintenance or variance instructions for your products will be given to you in the form of a Care Sheet before you submit a Sales Order in the form of a separate document. These will either be noted on the Sales Order and given to you in person by Hatfields if purchasing instore or, of purchasing over the telephone or through the Website, sent to you by email.
13. FITTING AND INSTALLATION
a. Hatfields has a team of experienced fitters. Should you choose to fit privately Hatfields advises that you examine the products thoroughly prior to fitting. If you find products to be faulty, you are politely reminded that your rights as a consumer may reduce if you choose to continue with fitting and paragraphs 11 and 17 will apply.
b. Any dissatisfaction with either fitting and/or damage to products by Hatfields fitters must be reported to the fitting team prior to them leaving the Delivery Address. No responsibility will be taken by Hatfields for any damage reported after the fitting team have left.
c. With all installed products, some adjustments may be required after time for settling. Hatfields’ fitters will return once at a later date, if required, to do this as a gesture of goodwill. Any further adjustments required after this secondary visit will be made at your additional cost unless a fitting fault (carried out by a Hatfields fitter) is evident.
14. CANCELLATIONS FOR BESPOKE PRODUCTS*
*A bespoke product is defined as any products which we do not hold in stock and have to order in for you specifically from the manufacturer.
a. You have a “cooling off period” of 48 hours from the time this contract is formed to change your mind and/or cancel the purchase of a bespoke product* with no liability to Hatfields. If this should happen, please contact Hatfields to cancel the bespoke product in the Sales Order. Any payment you have made to Hatfields for that bespoke product shall be refunded in full.
b. For any cancellations for bespoke products Hatfields receives from you after the initial 48-hour period but within 1 week of the contract being formed, you will incur a 25% cancellation fee in relation to the relevant bespoke product. Any monies owed by Hatfields to you after its deduction of the 25% cancellation fee will be refunded to you within 10 days of your notice to cancel.
c. After this 1-week period, you may cancel your purchase of a bespoke product in your Sales Order right up until 48 hours prior to the proposed delivery of the relevant bespoke product at a charge of 50% of that bespoke product value. Any monies owed by Hatfields to you after its deduction of the 50% cancellation fee will be refunded to you within 10 days of your notice to cancel.
d. If you send Hatfields notice that you want to cancel your purchase of a bespoke product in your Sales Order and there are less than 48 hours before your agreed delivery date or you send you notice after your bespoke products have been delivered, the Sales Order relating to such bespoke product will not be cancelled for such bespoke product and must be paid for by you in full.
e. If Hatfields have not received monies from you to the equivalent of the relevant cancellation fee, you will be liable to pay the balance of such cancellation fee to Hatfields before the bespoke product in your Sales Order is considered cancelled. You can make this payment either over the phone or by visiting one of Hatfield’s stores and please ensure you quote your Sales Order number.
f. Any monies paid to Hatfields to be refunded will be refunded in full using the same means of payment as you used for the initial transaction within 10 days of your notice to cancel subject to the terms set out in this paragraph 14.
g. Time for delivery shall not be of the essence unless previously agreed by Hatfields with you in writing.
15. CANCELLATION FOR NON-BESPOKE PRODUCTS
a. You may cancel the Sales Order in respect of non-bespoke products within 14 days of delivery without giving any reason and, after receiving your notice to cancel, Hatfields shall refund you for any monies paid by you in relation to such product but not for delivery subject to paragraph 15.c.
b. Any monies paid to Hatfields to be refunded will be refunded in full using the same means of payment as you used for the initial transaction within 10 days of your notice to cancel subject to the terms set out in this paragraph 15.
c. In order to get a refund under this paragraph 15, you must return the non-bespoke produce in pristine, boxed, resaleable condition.
16. END OF THE CONTRACT
a. Once delivery of the Sales Order is complete, this contract will expire save for any guarantees provided to you and credit agreement terms (if applicable) in relation to the products any rights you may have under this contract past the date of delivery and in relation to any faults with the products as set out in paragraph 17 below. When this contract ends, it will not affect Hatfields’ right to receive any money which you owe to it under this contract.
b. If you have received a bespoke product and you wish to end the contract, Hatfields will collect the product at its own cost from the Delivery Address, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to Hatfields. The deadline is met if Hatfields receives your notice of cancellation before the period of 14 days has expired.
c. If you have received a non-bespoke product and you wish to end the contract you must return the product to Hatfields at your own cost without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract Hatfields. The deadline is met if you send back the products before the period of 14 days has expired. If Hatfields agrees, it may collect the products from the Delivery Address however you must pay Hatfields any reasonable costs it incurs relating to such collection.
17. REFUNDS, RETURNS & POTENTIAL FAULTY ITEMS
a. Hatfields will only accept a return of a product when an obvious manufacturing fault has been reported to the delivery team on the date of delivery or, if it is not an obvious fault, within 30 days of delivery and once diagnosed as such by Hatfields. In these cases, you will be refunded in full for the faulty product once collection by Hatfields or return of the faulty items to Hatfields has taken place.
b. After 30 days of delivery, an alternative resolution will be offered such as a repair or replacement of the product.
c. For bespoke products, your personal choice, opinion, comfort and consumer error are not faults and Hatfields will not accept returns of products after delivery under any of these circumstances.
d. Should you not be entirely happy with your bespoke product after delivery or simply change your mind after delivery and wish to return it but where no fault is found, Hatfields will try and offer alternate resolutions to you. This may include reselection or exchange of the product. This will be considered on a case by case basis by the Customer Support Manager. Under these circumstances, you will be liable for any reasonable costs incurred by Hatfields to come to a mutual resolution. Any monies refunded under these circumstances will be in the way of store credit only.
e. All “in-home” after sales service is offered at our own discretion and within a reasonable distance from Hatfields store. Whilst your statutory rights are not affected, faulty items that are located outside of a reasonable distance will not qualify for in-home service or repair and will need to be returned, at your own cost, to the store should a refund, repair or replacement be agreed.
f. For reasons of hygiene, unless a manufacturing fault is found, Hatfields will not accept the return of any mattress delivered by you under any circumstances. A Care Sheet will be provided before you submit a Sales Order to Hatfields specifically outlining mattress care, maintenance and instruction.
g. All store credit must be used within 12 months of issue before it expires.
h. Store credit may not be transferred from you to another person.
18. CLEARANCE ITEMS
a. Clearance items are products made prior to the Sales Order that can be purchased from Hatfields and are reduced in price as they may be cancelled orders, customer returns or ex-display models. All clearance items are clearly marked as such and their reason for being a clearance item are displayed.
b. A separate sheet will be presented to you before a contract is formed outlining any faults, blemishes or any other reason why the product is being offered as clearance. This sheet will be required to be signed by you and a copy given to you before you submit a Sales Order to Hatfields.
c. Clearance items may not be returned or replaced for any reason and Hatfields shall not be held liable for any issue highlighted to you in the clearance sheet for that clearance product.
d. All clearance items are covered by Hatfields’ 2-year guarantee as further described in paragraph 7.e.
e. Any new fault that develops after delivery will be considered under Hatfields’ 2-year guarantee and the appropriate repair may be offered to you at no further cost to yourself.
19. STATUTORY RIGHTS & COMPLAINTS
a. Nothing within this contract shall be deemed to limit or restrict your statutory rights which will supersede any terms to the contrary set out in this contract.
b. Hatfields will try to resolve any disagreements with you quickly and efficiently. In the unlikely event that you and Hatfields are unable to reach a satisfactory resolution or if you are unhappy with how Hatfields has dealt with the complaint, you are within your rights to take legal action against Hatfields.
c. Any complaint regarding your shopping experience with Hatfields is to be put in writing to the attention of the Customer Support Manager.
d. If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have exclusive jurisdiction in relation to this contract.
e. The laws of England and Wales will apply to this contract.
20. LIMIT ON HATFIELDS RESPONSIBILITY TO YOU
a. Except for any legal responsibility that Hatfields cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, Hatfields is not legally responsible for:
i. losses that:
1. were not foreseeable to you and Hatfields when the contract was formed; or
2. that were not caused by any breach on Hatfields’ part; ii. business losses; and
iii. losses to non-consumers.
b. Hatfields limits the amount it owes you under this contract in respect of any claims you may have against Hatfields due to it breaching this contract, to 150% of the Sales Order to which the claim relates.
c. Any payments you owe Hatfields under this contract in respect of any claims Hatfields may have against you due to you breaching this contract (and in addition to the Total Payment under a Sales Order) will be limited to 150% of the Sales Order to which the claim relates.