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Terms and Conditions
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01768351240
1.1 These Terms and Conditions will apply to the purchase of the goods by you (the Customer/buyer/you/your). We are (the Supplier/us/we/our):
H Pigney & Son Ltd
Company Reg No. 4428587
These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order. The Site sells some products not intended for individuals under the age of 16, 18 and 21. By purchasing from the Site you are entering in a contract and confirming you are over 21 years of age.
2.1 Contract means the legally-binding agreement between you and us for the supply of the Goods;
2.2 Delivery Location means the Supplier’s premises or the other location where the Goods are to be supplied, as set out in the Order;
2.3 Delivery Terms we mean the terms that apply to our Product delivery services, full details of which can be found in store and on our Website;
2.4 Goods/products means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
2.5 Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
2.7 Website means our website pigney.co.uk on which the Goods are advertised.
2.8 Terms, we mean these terms and conditions of sale
2.9 Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
3.1 The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
3.2 In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
3.3 All Goods which appear on the Website are subject to availability.
3.4 We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- Personal information
4.2 We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
- Basis of Sale
5.1 The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
5.2 The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
5.3 Your order is an offer to purchase from us. When you place an order with us (or otherwise offer to make a purchase from us), you do so in accordance with the terms of our agreement, subject to our acceptance of your order (or offer to make a purchase). If you place an order via our Website (or where we have otherwise stated that we will), we will send you an email acknowledging receipt of your order, together with your order number and details of the Product(s) you have ordered. Please note this email is an acknowledgement and is not an acceptance of your order.
5.4 Unless we have notified you that we do not accept your order (or offer to make a purchase) or you have cancelled it in accordance with our returns policy, we accept your order (or offer to make a purchase) as follows:
5.4.1 subject to clause 5.4.2, where you place an order via the Website, we accept your order when the Products are despatched to you or at the point the Products are collected by you in store (as the case may be);
5.4.2 where you place an order via the Website for Products which are cut, made to measure or mixed to your requirements, or otherwise customised or made to your specifications, we accept your order seven days after the date of your order or when we start to cut, make, mix or customise those Products, whichever is earlier;
5.4.3 where you place an order in store, we accept your order when we provide you with a sales advice confirming that the order has been placed and processed; and
5.4.4 when you place an order by telephone, we accept your order when we confirm that the order has been placed and processed.
5.5 We may choose not to accept your order (or offer to make a purchase) for any reason and we will not be liable to you or to anyone else in those circumstances. If we do not accept your order (whether in whole or in part) we will refund any monies paid in connection with that order (or that part of the order that we do not accept).
5.6 A Contract will be formed for the sale of Goods ordered only we accept your order (or offer to make a purchase). In relation to orders via the Website, where Products you have ordered fall within two of the Product types identified in clauses 5.4.1 and 5.4.2 a separate agreement is formed for each Product when we accept your order for that Product. The processing of your payment and acknowledgment of receipt of your order (whether by email, telephone or otherwise) does not constitute legal acceptance of your order.
5.7 We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it.
5.8 Any quotation is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.
5.9 We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
- Price and availability
6.1 Unless otherwise stated, prices for Products are inclusive of applicable sales tax (including VAT). Sales tax will be applied and will be shown on your invoice at the current applicable rate. Sales tax amounts stated may be subject to rounding variances. The exact amount of sales tax will be shown on the sales tax invoice (where provided). This will not affect the total price inclusive of sales tax.
6.2 Prices for Products exclude delivery charges unless expressly stated otherwise. Delivery charges vary depending on the Product(s) you order, the delivery address and the delivery method you select; please see our Delivery Terms for further details. When you place an order via our Website, delivery charges are calculated automatically in your shopping basket depending on your choices and added to your order.
6.3 We may update prices at any time. Despite our best efforts, a small number of the thousands of products we sell may occasionally be mispriced. If this happens then we will not be obliged to supply the Products at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or endeavour to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid.
6.4 From time to time we may apply promotional prices to Products, including Website or in-store only prices. These promotional prices will only apply in the context in which the promotion is given and are subject to the terms of that promotion. For example, Website only prices will not be applicable to in-store orders or purchases, and in-store only prices will not be applicable to Website orders or purchases. To take advantage of promotional prices, you must quote the relevant promotion code when you order (where applicable). We may update promotions at any time.
6.5 Prices for commodity goods will be updated regularly, please visit our Website or ask in store for further details.
6.6 All Products are subject to availability. If you order Products which are not available from stock, we will take reasonable steps to contact you to discuss how you wish to proceed. You will have the option to wait until the Products are available from stock, or cancel your order. If the Products are unlikely to be restocked (or we are unable to contact you), we will cancel your order for those Products and refund the price you have paid for those Products.
7.1 The total cost of your order and/or purchases is the price of the Products and applicable delivery charges which are set out on the website at the date of the order.
7.2 We must receive payment in advance before your order and/or purchase can be processed, unless we have agreed otherwise in advance in writing.
7.3 Payment can be made by most major credit or debit cards.
7.4 If you use a credit/debit card to pay for your order, you must use your credit/debit card or a credit/debit card that you are otherwise authorised to use. All credit/debit card holders are subject to validation checks by third parties and authorisation by the card issuer. If the issuer of the card refuses to authorise payment or any other validation checks return adverse results, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
7.5 We are not responsible for the card issuer or bank charging the cardholder as a result of our processing of the credit/debit card payment in accordance with your order.
7.6 You are responsible for all orders placed by your authorised employees.
8.1We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
8.2 In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
8.2.1 we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
8.2.2 after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
8.3 If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
8.4 If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
8.5 If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
8.6 We do not generally deliver to addresses outside mainland UK. If, however, we accept an order for delivery outside that area, you may need to pay an additional fee.
8.7 You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
8.8 If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
8.9 The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
- Risk and Title
9.1 Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
9.2 You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
- Withdrawal, returns and cancellation
10.1 You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
10.2 This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
10.2.1 foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;
10.2.2 goods that are made to your specifications or are clearly personalised;
10.2.3 goods which are liable to deteriorate or expire rapidly.
10.3 Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
10.3.1in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to cancel
10.4 Subject as stated in these Terms and Conditions, you can cancel this contract within 30 days without giving any reason.
10.5 The cancellation period will expire after 30 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 30 days after the first delivery.
10.6 To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email).
10.7 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
10.8 Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Goods supplied
10.9 We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
10.10 If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
10.10.1 14 days after the day we receive back from you any Goods supplied, or
10.10.2 (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
10.11 If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
10.12 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
10.13 If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at H Pigney & Son, Chapel Street, Appleby, Cumbria, CA16 6QR without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 30 days has expired. You agree that you will have to bear the cost of returning the Goods.
10.14 For the purposes of these Cancellation Rights, these words have the following meanings:
10.14.1 distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
10.14.2 sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
11.1We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
11.2Upon delivery, the Goods will:
11.2.1be of satisfactory quality;
11.2.2be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
11.2.3conform to their description.
11.3 It is not a failure to conform if the failure has its origin in your materials.
11.4 We will provide the following after-sales service: The supplier will support the customer in installing and activating their new equipment if needed and where applicable.
- Successors and our sub-contractors
12.1 Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
- Events beyond our control
13.1 We shall have no liability to you for any failure or delay in supply or delivery, nor if performance of any of our obligations is prevented or restricted, nor for any damage or defect to Products supplied or delivered under our agreement, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, the following to the extent these are outside our reasonable control: accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).
14.1 Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
14.3 For the purposes of these Terms and Conditions:
14.3.1‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
14.3.2‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
14.3.3‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
14.4 We are a Data Controller of the Personal Data we Process in providing Goods to you.
14.5Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
14.5.1 before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
14.5.2 we will only Process Personal Data for the purposes identified;
14.5.3we will respect your rights in relation to your Personal Data; and
14.5.4 we will implement technical and organisational measures to ensure your Personal Data is secure.
- Excluding liability
15.1 The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
16.Governing law, jurisdiction and complaints
16.1 The Contract (including any non-contractual matters) is governed by the law of England and Wales.
16.2 Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
16.3 We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us in writing (post or email) to find a solution. We will aim to respond with an appropriate solution as soon as possible.