GENERAL

This page (combined with other documents referenced within it and within our website) stipulates the Terms and Conditions on which Hardyz, 10-12 High St, Gloucester, GL1 4SW (“us”, “our” or “we”) supply goods to customers (“you” or “your”).

The following Terms and Conditions apply to the purchase of goods listed on our (this) website. You must read and understand these Terms & Conditions before making an order on our website.

A purchase constitutes your agreement to be bound by these Terms and Conditions. If you do not agree, you should stop using the website and must not make any purchases.

You can find our Terms and Conditions here at all times and you should print a copy of these Terms and Conditions for your future reference.

No part of this website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending of a dispatch email to you, indicating that your order has been fulfilled and is on its way to you.

Persons under the age of 18 should use our website only with the supervision of an adult. Payment Information must be provided by or with the permission of an adult.

These Terms and Conditions are only applicable to consumers and do not apply to customers buying goods in the course of business.

COPYRIGHT
Subject to the exception below (), these Terms and Conditions, all content included on the website, unless uploaded by users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips and data compilations is copyright of Hardyz, our affiliates or other relevant third parties.

Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

You may not reproduce, copy, distribute, store or in any other fashion reuse such material unless otherwise indicated on the website or unless given express written permission to do so by the relevant manufacturer or supplier.

THIRD-PARTY LINKS AND WEBSITES
Our website may contain links to other websites that are not under our control or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.

CONTACTING US
When using the enquiry form or any other system on the website to contact us, you should do so in accordance with the following rules:

You must not use obscene or vulgar language;
You must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
You must not submit content that is intended to promote or incite violence;
The means by which you identify yourself must not violate these terms of use or any applicable laws;
You must not impersonate other people, particularly employees and representatives of Red Rickshaw or our affiliates; and
You must not use our system for unauthorised mass-communication such as “spam” or “junk mail”.

We reserve the right to monitor any and all communications made to us or using our system.

USER ACCOUNTS
To purchase products from our website, you may be required to create an account which will contain certain personal details and payment information which may vary based upon your use of the website, and we may not require payment information until you wish to make a purchase. By registering an account, you agree to the following:

all information you submit is accurate and truthful. You must give us your real name, address, phone number, email address and any other information that we may require to process your order.
you have permission to submit payment Information where permission may be required; and
you will keep this information accurate and up-to-date.

You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.

Your email address is essential in order for us to be able to supply you with important information such as order confirmations, and changes to the service. By registering a user account, you accept that your email address may be used to supply you with such information. Please refer to our Privacy Statement for more information on how we process your personal information.

You must not share your account details with anyone, and we accept no liability for any losses or damages incurred as a result of your account details being shared by you.

If you have reason to believe that your account details have been obtained by another without consent, you should contact us immediately.

Please be aware that purchases can only be cancelled up until the point that they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, we accept no liability or responsibility, and you should make contact with the carrier detailed in the purchase Information.

CANCELLATION
We reserve the right to:

Decline a new customer registration or suspend or terminate a customer’s account at any time and at our sole discretion.

At our absolute discretion, terminate your access to all or part of this service with or without notice.
Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

If we terminate your account, any current or pending purchases on your account will be cancelled and will not be dispatched.

We reserve the right to cancel purchases, for any reason prior to processing payment and dispatch.

If purchases are cancelled for any reason prior to dispatch, you will be refunded in accordance with our refund policy.

STOCK & PRICING
Whilst every effort has been made to ensure that all graphical representations and descriptions of goods available correspond to the actual goods, we are not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct goods, not different goods altogether.

All pricing information on the website is correct at the time of going online, however prices at the time of ordering are guide prices. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every two months. Our website contains a large number of goods and it is always possible that, despite our best efforts, some of the goods listed on our site may be incorrectly priced.  We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you.

Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.

No statement, description, warranty condition or recommendation contained in the website, price list, advertisement, communication or made verbally by any of the agents or employees of the seller shall be construed to enlarge, vary or override in any way thereof any of these conditions.

All prices on the website do include VAT and reflect the current rate.

DELIVERY
Delivery will be made to the address specified by the customer when completing the online order form. All goods must be signed for by an adult aged 18 years or over.

The costs of delivery will be as displayed to you on our website based on the weight of your order.  We offer customers two different rates, including and excluding postage insurance.  We cannot be held responsible for any issues related to loss, damage or any other issue arising from shipping where the customer has not chosen to have their shipment insured.

We will use their reasonable endeavours to meet any date agreed for delivery. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract at an end immediately if any of the following apply:
(a) we have refused to deliver the goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.

If you do choose to treat the contract as at an end for late delivery, you can cancel your order for any of the goods or reject goods that have been delivered.

If there is no one to receive the delivery at the specified address at the time of your scheduled delivery, we reserve the right to return your order to our store and to charge a delivery charge for re-delivery.

If we receive no communication from you, within 24 hours of delivery, regarding any problems with the goods, you are deemed to have accepted and received the goods.

RETURNS & CANCELLATIONS
We aim to always provide high quality goods that are fault free and undamaged. On occasion, however, goods may need to be returned.  Please retain your receipt for refunds within 7 days from the date of the purchase.

If you receive goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 24 hours to arrange collection and return. We are not responsible for paying shipment costs for postal deliveries. You will be given the option to have the goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the goods. Refunds and replacements will be issued upon our receipt of the returned goods.

We cannot be held responsible for any issues related to loss, damage or any other issue arising from shipping where the customer has not chosen to have their shipment insured.

We do not accept return on perishable foods once these have left our premises.  Perishable foods include fresh fruit and vegatables, flowers, any froze item(s), any meat products and/or any other items and/or products not explicitly referred to but, in our opinion, would be deemed perishable.

If the goods are not perishable – this is a summary of your key legal rights for faulty goods.

The Consumer Rights Act 2015 says goods must be as described fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
– up to 30 days: if your goods are faulty, then you can get an immediate refund.
– up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
– up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

If any goods are not considered to be perishable and develop faults within their warranty period, you are entitled to a repair or replacement at our discretion under the terms of that warranty.

If goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to us within 24 hours and arrange collection and return. Upon receipt of the returned goods, the price of the goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the goods.

If the goods have been dispatched or delivered, but you have changed your mind, please give written notice of your wish to return the goods within 14 working days of receipt. You will not be entitled to this cancellation period should the item be considered to be something that deteriorates quickly, has a limited expiration date or is frozen food. For health and hygiene reasons the following items sealed for protection reasons will be deemed as used if unwrapped: Personal grooming products e.g. hair accessories and styling products, shavers, waxing kits, electric toothbrushes etc, and will therefore be unable to be returned if not in their original unused condition. Cancellation will be accepted only upon customers’ written consent. We would request you to send the products back to us as soon as you can after the cancellation. The consumer has a duty of care for the products during the cancellation period. You are responsible for paying shipment costs if goods are returned for this reason.

We reserve the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
Any use or enjoyment that you may have already had out of the goods;
Any characteristics of the goods which may cause them to deteriorate or expire rapidly, as stipulated above;
The fact that the goods consist of audio or video recordings or computer software and that these have been unsealed by the consumer.

Any discounts that may have formed part of the purchase price of the goods to reflect any lack of quality made known to the customer at the time of purchase.

Such discretion to be exercised only within the confines of the law.

We reserve the right to deduct reasonable administration fees and/or costs incurred as a result of the refund request.

Best Before Dates

At times, we encounter challenges with the best before dates of our products due to the lengthy shipping process from distant corners of the globe. It is important to understand that the best before dates provided by manufacturers are merely an indication of when a product is expected to taste its finest. However, it is possible for the taste and texture to be slightly altered after this date, although manufacturers are usually quite careful and may even adjust the dates for business purposes. It is crucial to differentiate between best before dates and use by dates, as the latter are determined with health concerns in mind.

Product best before dates are displayed on the individual product’s page.  Depending on the type of product, we may from time-to-time sell products past its best before date at a reduced price.

PRIVACY
Please refer to our Privacy Statement for more information on how we process your personal information.

16. Disclaimers
Please refer to our Disclaimer information.

No part of this website is intended to constitute a contractual offer capable of acceptance.

CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right to change the website, its content or these Terms and Conditions at any time. We may therefore amend these conditions, so please check this page from time to time to take notice of any changes we have made.

OUR WEBSITE
The service is provided as is and on an as-available basis. We give no warranty that the service will be free of defects and / or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

We do not accept any liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

LIABILITIES

We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We are not responsible for delays outside our control. If our delivery of the products is delayed by an event outside our control, we will endeavour to contact you as soon as possible to let you know, and we will take reasonable steps to minimise the effect of the delay.

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 events outside our reasonable control, including, but not limited to:
Strikes, lock-outs or other industrial action.

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, zombie apocalypse or other natural disaster.

Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

Impossibility of the use of public or private telecommunications networks.

The acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

VALIDITY

Whilst every effort has been made to ensure that these Terms and Conditions adhere with the relevant provisions of the Consumer Rights Act 2015, in the event that any of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable, that Term and/or Condition is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This Term and/or Condition shall apply only within jurisdictions where a particular Term is illegal.

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site. Although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms are governed by English law, and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

COMMUNICATION

Applicable laws require that some of the information or communications we send to you should be in “writing”.  When using our site, you accept that communication with us will be mainly electronic.  We will contact you by email or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication, and you acknowledge that all contracts, notices, information and other.

COMPLAINTS
We aim to resolve any complaints within a timescale of fourteen working days.  If this is not possible because a full investigation has not yet been completed, a progress report will be sent to the complainant. If we are unable to resolve a complaint that you make within eight weeks, you can take your complaint to Retail ADR. This is an independent organisation specialising in providing an alternative dispute resolution service for consumers and retailers.