Terms & Conditions
Terms and Conditions of Retail Sale
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY - BY PLACING AN ORDER, YOU ACCEPT THESE TERMS AND CONDITIONS (“TERMS”).
These Terms apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing with you, they govern the sale of products to you by "Hylands Ltd" established 1938 (hereafter "us" or "we" or "our") either online or through any other form of communication, and form part of the contract between us.
All offers are subject to availability, may exclude any other offers & may apply to limited stocks, terms and conditions will apply, errors & omissions excluded, all information is given in good faith & without prejudice.
1. ABOUT US
1.1 We are a company registered in England (company number 1808522). Our registered office is at Hylands Ltd Bute Street ST4 3PW. Our VAT number is 278 5055 31
2. OUR PRODUCT
2.1 The images of the Products on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Product and the Products may vary slightly from those images. We recommend you visit to see the product before you finally decide to order, to avoid disappointment please phone to be sure that the product is still available & on display before setting out, also check the price as these can change between your looking one day and then calling another day.
2.2 The packaging of the Products may vary from that shown in images on the Site.
2.3 We reserve the right to change the way the Site works from time to time and to withdraw any Products or features of the Site without giving notice to you.
2.4 To use the Site and register for or buy any of the Products available through it you must be at least 18 years old, and legally able to enter into a contract.
3. PRODUCT AVAILABILITY & PRICING
3.1 Notwithstanding any indication given, all orders are accepted subject to availability.
3.2 In the event that an order cannot be accepted by reason of non-availability of stock, your order may be cancelled. As stock becomes available any order re-submitted shall be accepted at the price pertaining at the time of re-submission.
3.3 Pricing Policy. We reserve the right to withdraw offers without prior notice. All prices stated on this web site are in UK pounds sterling including VAT at the appropriate rate.
3.4 For customers who will research their own choice of product we just finalize a sale for their own selection we may offer an online discount, other times the store offering may be better, internet and store offer two different channels to market it’s the customer’s choice how they wish to shop.
3.5 In the event that any product is shown at an incorrect price due to incorrect information received from our suppliers, or a typing error we will contact you to alert you to any change, we will not be at liberty to supply at an incorrect price, you will have the right to cancel and receive a full refund of any monies paid or have the option to continue given all the information, only then with your permission will we proceed with the order.
3.6 Prices quoted may apply to limited stock are subject to stock availability, inevitably some items at some point will be end of line or display models in which case our price will then reflect this, however these items are still new and carry a full UK warranty, any blemishes, scratches or dents on the product will have been taken into account prior to pricing these goods to clear. Replacement new goods may be available to order but not at the clearance price.
4. YOUR ORDER
4.1 These Terms will apply to any contract between us and you for the sale of any Products and/or installation services to you ("Contract”).
4.2 Please note that when you place your order, we may send you an order acknowledgement by email. Such order acknowledgement is just a confirmation of receipt and shall not constitute an acceptance of the order.
4.3 By placing an order, you make an offer to us to purchase the Products and/or installation services on these Terms. We may or may not accept your offer at our discretion. Any Contract is dependent and conditional upon verification of availability and confirmation of both your order and your credit card or other payment details. If we accept your order, we will notify you. If we cannot accept your order we will contact you by email or telephone.
4.4 We maintain records of orders, order acknowledgements and order confirmations and retain these for a reasonable period following delivery. We recommend that you retain a printed copy of these Terms, payment method acceptance and invoice as evidence of purchase.
4.5 Whilst we will try to fulfil any orders placed with us within any stated time, we shall not (save as otherwise required by law) be liable for the consequences of any delay or failure to deliver. Time for delivery is not of the essence of the Contract.
4.6 Orders accepted shall only be delivered to addresses within the United Kingdom.
4.7 You should only order if you are already happy with the specification / appearance / size of the product.
Also - American refrigeration & Range cookers - will they fit through your door(s)?
4.8 We reserve the right to stop or delay the supply of goods should we not be happy with any part of the transaction.
5. PAYMENT & ANTI MONEY LAUNDERING
5.1 We may take payment for your order before sending your Product. However, the taking of payment shall in no case constitute acceptance of your offer nor the conclusion of the Contract. If we are unable to deliver your order after having taken payment, you will be reimbursed in full.
5.2 We reserve the right to withdraw offers displayed on the Site without prior notice.
5.3 Orders must be paid for at the time of ordering we accept the following credit/debit cards:- Visa Credit, Visa Debit, Visa Electron, MasterCard and are conditional upon subsequent validation of the card transaction with the issuer.
5.4 In relation to orders reserved for collection at the designated collection premises, payments can be made with a credit/debit card in accordance with clause or with cash. Products will be held for 24 hours from receipt of your order unless contact is made and maintained.
5.5 To ensure that your credit/debit card is not being used without your consent or your payment being used for money laundering we may validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Terms you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can be assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
6. DELIVERY / COLLECTION
6.1 Customers are asked to examine goods upon delivery / collection and notify us of any faults or damage at this time.
6.2 FREE delivery where specified is a drop off delivery to your property, inside where we are able however won't take goods upstairs or via narrow/tight passages, we do not allow customers to 'Give us a hand' for the fear of problems should someone get hurt or something damaged, who is to blame becomes an issue, our drivers are trained in manual lifting techniques so for the sake of a few pounds we would recommend booking a install with us and letting us do the job properly for you, we do offer a comprehensive range of installation services. Advice on your delivery or set up requirements can be given when we make contact with you.
6.3 All dispatch periods provided are estimates only, and occasionally Products may be delivered outside of these estimates.
6.4 We will deliver the Product to the delivery address [or collection point ] you specify in your order. If you have not received the Product within the estimated delivery time you should contact us via by email or by telephoning.
6.5 Delivery of the Products does not include installation unless expressly specified otherwise. We do not accept any liability for any losses or damages in connection with any installation service supplied by a third party. If you wish to return a Product that has been installed, you will have to arrange for the Product to be uninstalled at your cost.
6.6 Delivery timescales in relation to pre-order Products are estimated and may be subject to change as a result of manufacturing delays. Any delay to your delivery of pre-ordered Products will be communicated to you in advance.
6.7 We will only deliver goods to the property on our delivery note and won't leave goods outside a closed property or at any other address re-directed to upon delivery.
6.8 Please don't leave a key for us to enter your home unaccompanied, however you could ask a neighbor to escort us into your home and supervise our visit. We won't enter a property where a child or minor has been left home alone.
Delivery / Installation
When inviting our staff into your property please also consider:
Delivering bulky product can be awkward, please clear our access route to your door and through your property. (Move vehicles / furniture / ornaments etc)
Our drivers wear safety shoes with good grips, these can pick up grit and dirt that may be walked into homes, our vans carry disposable shoe protectors, please ask our drivers to use them if you have any concerns for floor coverings.
Whilst we undertake to take all reasonable care, at times when maneuvering we may drag, slide or push product. Polished surfaces, carpet or hard floors they stand on may mark, cushion flooring can sometimes lift / tear. Please aid us by laying down sheets to protect vulnerable carpets & surfaces prior to our arrival and knowing your property better than us please take the time to point out to our delivery staff where they need to take extra care.
If you have opted for our installation service, this is for connection to your existing, adjacent supply in apparent good order and fitting of facia panels for integrated appliances. Any more involved carpentry, gas, electrical or plumbing work will incur additional charges.
Gas appliances in very small kitchens (30 cubic metres or less = Floor area 3mtrs x 5mtrs approx) or kitchens with no direct exterior door may need an air brick fitting by law for your safety, our fitter will advise you but this additional work if required would be chargeable and isn't part of the standard installation.
NB. It may also be necessary to turn off your water/electricity/gas supply when installing kitchen appliances, please check your stop tap works, turn off computers etc and be prepared for this. Other problems can sometimes show at this time i.e. if the ignition / thermocouple on your central heating boiler is faulty it may not restart if the gas supply has been interrupted, whilst we will do all we can to restart this for you, this is due to a fault within the boiler and is not caused by our turning the gas off.
Plumbing can be disturbed by disconnecting / re-connecting product, we recommend you check after we have finished for leaks, minor leaks may not be noticeable straight away so please check again at regular intervals and let us know immediately should a leak start to occur
Please help us and carry out any preparation before we arrive, if you are able and it is safe to do so, please also disconnect and remove old product, it would be appreciated if you would provide a smoke free environment for the duration of our visit to your home.
7. RISK AND TITLE
7.1 The risk in the Product(s) will pass to you from the time of delivery.
7.2 Ownership of the product will only pass to you on the later of either delivery or when we receive full payment of all sums due in respect of the Product(s), including delivery charges.
7.3 By signing for delivery of the Product(s) it is an acknowledgement of acceptance of the Product(s).
8. RIGHT TO CANCEL AND RETURN PRODUCTS
You have various rights to cancel an order & return goods to us as set out below:
If a product is received in a broken or defective condition upon delivery please reject & contact usimmediately for assistance.
For normal stock lines:
If you cancel before collecting / taking delivery:
You must reject any attempt to deliver the goods and will receive a full refund of all monies paid
After accepting the goods:
We are unable to accept back the following types of items unless unopened or faulty;
Audio or Video recordings - Computer software - Recording media - DVD discs - Personal care appliances (Such as shavers & hair care)
If your purchase was made by a visit to a store please see the next paragraph as this paragraph doesn’t apply to your purchase. If you placed your order using our website online or by phone without first seeing the product then your order is subject to your rights of cancellation pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations. These give you the option to cancel the order within 14 days of taking delivery and obtain a full refund where you have not unpacked the goods or only opened them very carefully to inspect them to the extent you would reasonably expect to be able to inspect them had you visited the store, if you have damaged or used the goods beyond this then you will been deemed by us to have accepted the goods and you should read the next paragraph. If you do wish to exercise your rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations then return would be at your own expense as detailed below under “For all goods supplied” and you may exercise this right by writing to us or by emailing. You must notify us within 14 days from the date of delivery and obtain proof that you sent notice within this time retaining this proof until the matter is resolved. Following receipt of your notice we will attempt to contact you within 2 working days to advise you how to proceed.
If you placed your order in store (or after 14 days of delivery when purchased online) and wish to return goods within 28 days of delivery we may charge a *25% handling fee if we agree to take the goods back, this charge will include a reasonable fee for sales time/processing your order/delivery costs.
The only exception to these is where you have requested us to obtain goods especially for you unless the goods are faulty our suppliers restocking policy will apply or we may charge up to 100% restocking fee i.e. if a special order item is not something we will be able to resell we won’t want it at any price if we cannot return it to the supplier for credit, we will be as fair as we can but need to protect ourselves from being taken advantage of.
For all goods supplied they must be returned; as new** in original condition with all accessories at your own expense, if you request collection then we shall be entitled to charge you a reasonable fee for such collection, our collection charge will be based on £1.50 per mile (75p each way) from our postcode starting point with a minimum £39 charge
After inspection – once checked by our workshop - we shall arrange reimbursement
*The handling fee on this page is just a guide and may be reduced if the product returned is still sealed (or has been opened very carefully to inspect) or may be increased at our reasonable discretion should the product be found to have been marked/damaged or incomplete in line with making the product saleable again, the two extremes being we may decline a return if we would struggle to re-sell a returned item - through to no fee if the product is found to be faulty and we can return it for credit ourselves (Not through misuse)
We will be as fair as we can, these conditions are here to fall back on and protect us from unreasonable requests, they do not affect your statutory rights.
**As new is defined as in the original box and packaging undamaged.
Where any refund is due, we will make the reimbursement without undue delay, and not later than: (a) 14 days after the day we receive back from you any Products supplied. We may withhold reimbursement until we have received the Products back or if there is a dispute.
You must send back the Products without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the Contract to us. It is your responsibility to take reasonable care of the Product. Products must be returned in reasonable condition along with any packaging, manuals, accessories, free items and any other components.
We will refund you on the credit or debit card that you used to pay. If you used vouchers to pay for the Product then we reserve the right to refund you in vouchers.
9. GUARANTEE / DEFECTIVE PRODUCTS
9.1 Where the Product is received in a broken or defective condition, please email or phone stating your invoice number, Product to be returned, date of purchase and reason for return. Please note that we will not accept the return of any Product unless such return has been authorised in advance.
9.2 If you have returned a Product that is defective, damaged in transit or not as described, we will refund the price of the Product in full, together with any applicable delivery charge unless the cause is in dispute.
9.3 Where the Product is faulty within 30 days or not as described and you have notified us in accordance with these Terms, we shall refund to you the price of the Product including any delivery charged paid by you, with no further liability to you. However if an appliance is not faulty, or the problem is found to have been caused by external factors, the manufacturer will not accept our return. Therefore if there is any doubt we will require an engineer's uplift number first. Please also note that modern appliances can operate differently and things do change. What some consumers may interpret as a fault can in fact be normal.
Manufacturers may charge a call out fee if there is no fault found. This is now common practice to deter consumers from calling them out without first being sure they have made all the right checks themselves. This is beyond our control, please read the instruction booklet carefully. We may agree to call to see the problem, however, this will purely be a goodwill gesture. If we cannot help or are unsure we will still require an engineer uplift number as confirmation of fault.
If you feel you are just not happy with the product we will take it back, but a restocking fee will apply to cover our time and allow us to resell the product as used.
9.4 New products supplied are guaranteed for a minimum of 12 months from the date of sale.
9.5 Any extended maintenance offered by the manufacturer (free or otherwise) must be registered you should ensure you receive and retain any policy documents as proof of this cover, we may have no record of these promotions between you and the manufacturer directly or indeed know if you received proof of registration should you ask us at a later date.
9.6 If the goods become faulty within the warranty period, tell us immediately; you may be entitled to a free repair / replacement or your money back (Usually at the manufacturers discretion) Your contract is with us and we will do what is required under the law (Consumer Rights Act 2015). However please note, many manufacturers insist on carrying out repairs to their products under the warranty. Please also be aware manufacturers may charge you should the problem be not covered by their warranty (i.e. incorrect use, misuse, no fault found or problem due to external causes). Please read the instruction booklet carefully.
9.7 If you have purchased an extended maintenance contract from Hylands Ltd and the goods become faulty tell us immediately and we will arrange a repair under the terms of the cover.
9.8 In all cases if you have a problem with goods purchased from us please come and talk to us. We do not service everything we sell, some manufacturers have separate service agents/procedures, however we will still assist wherever possible should third parties subsequently let you down.
10. DATA SECURITY
10.1 Any personal information provided by you for the purposes of entering into a Contract with us shall only be used for the purpose of administering your order and for the provision of after sales service to you. Such information shall not be released to any third parties save as for the purpose of fulfilling your order. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
11.1 If we fail to comply with these Terms, we may be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract
11.2 Accessories and any spare parts are supplied solely for use with the Product to which they relate. Where the Product, accessories or any spare parts are used for any other purpose, we shall not accept liability for any damage arising as a result of such use.
11.3 Our liability to you, if any, shall be limited to the purchase price of any Products to which your claim relates.
11.4 Nothing in these Terms excludes or limits our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982;
d) defective products under the Consumer Protection Act 1987;
e) any deliberate breaches by us of these Terms that would entitle you to terminate the Contract; or
f) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
11.5 Subject to clause 11.4, we will not be liable for any indirect or consequential losses, loss of profit, loss of income or revenue, loss of anticipated savings or loss of data that result from our failure to comply with these Terms.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, virus or denial of service attack, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
a) we will contact you as soon as reasonably possible to notify you; and
b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
12.3 Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new estimated delivery date with you after the Event Outside Our Control is over.
13.1 Recycling of electrical equipment, the Waste Electrical and Electronic Equipment (WEEE) Directive is UK law. The legislation aims to make producers pay for the collection, treatment and recovery of waste electrical equipment. The regulations also mean that suppliers of equipment like high street shops and internet retailers must allow consumers to return their waste equipment.
We are obliged under these regulations to offer our customers a take-back service of their WEEE on a like-for-like basis when they buy a new Electrical or Electronic product from us, customers must return their WEEE item to us within 28 days of purchasing their new item, alternatively for a small fee we will collect old goods for recycling when delivering new replacement items.
Under the WEEE Regulations, all new electrical goods should now be marked with the crossed-out wheeled bin symbol
Goods are marked with this symbol to show that they were produced after 13th August 2005,
and should be disposed of separately from normal household waste so that they can be recycled.
14. OTHER IMPORTANT TERMS
14.1 We reserve the right to revise these Terms. You will be subject to the Terms in force at the time that you place your order. Please check these Terms to ensure you understand the terms which apply at the time you place your order.
14.2 We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.
14.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15. GOVERNING LAW AND JURISDICTION
15.1 These Terms are subject to the law of England and Wales. All disputes arising in relation to these Terms shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Note - Purchasing for Business.
The above terms and conditions apply to consumer purchases. Products purchased from us for business or trade may be subject to additional terms, conditions and limitations. Please also note most product warranties offered by the manufacturers are normally only applicable for domestic use.
We trust that the above information will be of use to you.
Terms and conditions are not exhaustive, if you should have any additional questions, please do not hesitate to contact us and we will endeavour to assist
These terms and conditions do not affect your statutory rights.
Any complaint regarding goods or services should be sent in "writing" to our registered head office address:Hylands LtdBute StreetSTOKE-ON-TRENT
ST4 3PW We will do all we can to resolve any issue promptly and fairly for you however if we are unable to come to a mutually acceptable agreement we may choose to use the services of SMC - Small claims mediation (UK) LtdSMC are an ADR - Alternative Dispute Resolution / ODR - Online Dispute Resolution accredited providerthey are independent and will take a balanced view, SMC's fee's will be split between both sides to ensure no bias.www.small-claims-mediation.co.uk