Terms and Conditions of Sale

1.        PURPOSE OF THESE TERMS 

1.1.         Please read these terms carefully before you submit your order to us. They tell you:

1.1.1.     who we are;

1.1.2.     how we will provide products to you;

1.1.3.     what to do if there is a problem; and

1.1.4.     other legal details relating to our supply of the products.

1.2.         Please note that nothing in these terms will affect your legal rights. For more information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

 

2.            INFORMATION ABOUT US AND HOW TO CONTACT US

2.1.         Who we are: We are Horizon Specialist Contracting Limited. We are a company registered in England and Wales with registration number 02827337. Our registered office is at Horizon House Criftin Enterprise, Centre Oxton Road, Epperstone, Nottinghamshire, NG14 6AT. Our registered VAT number is 610613488.

2.2.         How to contact us: If you have any questions about these terms or the products we supply you can contact us by:

2.2.1.     telephoning our customer service team on 01159 657 400;

2.2.2.     writing to us at the address in Clause 2.1 above; or

2.2.3.     emailing us at sales@horizonsc.co.uk

2.3.         How to tell us about problems: If you have any questions or complaints about our products, please contact us using the details in Clause 2.2 above.

2.4.         How we may contact you: If we have to contact you we will do so by telephone or by writing to you at the email address or postal address which you provide to us in your order.

2.5.         "Writing" includes emails: When we use the words "writing" or "written" in these terms, this includes emails.

 

3.            OUR CONTRACT WITH YOU

3.1.         How we will accept your order: Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2.         If we cannot accept your order: If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3.         Your order number: We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

 

4.            OUR PRODUCTS

4.1.         Products may vary slightly from their pictures: The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2.         Product packaging may vary: The packaging of the product may vary from that shown on images on our website.

4.3.         Changes to the products: We may change our products at any time, in particular we may make changes:

4.3.1.     to reflect changes in relevant laws and regulatory requirements; and

4.3.2.     to implement minor technical adjustments and improvements to products.

 

5.            YOUR RIGHTS TO MAKE CHANGES

5.1.         If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

 

6.            PROVIDING THE PRODUCTS

6.1.         Delivery costs: The costs of delivery will be as displayed to you on our website.

6.2.         When we will provide the products: We will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.

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

6.4.         Collection by you: We may agree to let you collect the products from our premises during our ordinary working hours. Please contact us using the details in Clause 2.2 (How to contact us) to request a collection date.

6.5.         If you are not available when the product is delivered: If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery.

6.6.         If you do not re-arrange delivery: If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and Clause 9.2 (Our rights to end the Contract) will apply.

6.7.         Your legal rights if we deliver late: You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the Contract as at an end straight away if any of the following apply:

6.7.1.     we have refused to deliver the products;

6.7.2.     delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

6.7.3.     you told us before we accepted your order that delivery within the delivery deadline was essential.

6.8.         When you become responsible for the product: The product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collects it from us.

6.9.         When you own the products: You own the products once we have received payment in full.

6.10.      What will happen if you do not give required information to us: We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract (and Clause 9.2 (Our rights to end the Contract) will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

6.11.      International Delivery:

6.11.1.   If you order Products from our website for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. 

6.11.2.   You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

6.11.3.   You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

 

7.            YOUR RIGHTS TO END THE CONTRACT

7.1.         You can always end your Contract with us: Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:

7.1.1.     If what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the product repaired or replaced or to get some or all of your money back), see Clause 7.2 below;

7.1.2.     If you want to end the Contract because of something we have done or have told you we are going to do, see Clause 7.3 below;

7.1.3.     If you have just changed your mind about the product, see Clause 7.4 below; and

7.1.4.     In all other cases (if we are not at fault and there is no right to change your mind), see Clause 7.5 below.

7.2.         Ending the Contract because of a fault with the Products: The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. Therefore, during the expected life of your product, your legal rights entitle you to the following:

7.2.1.     up to 30 days: if your item is faulty, then you can get a refund;

7.2.2.     up to six months: if your faulty item can't be repaired or replaced, then you are entitled to a full refund, in most cases;

7.2.3.     up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back; and

7.2.4.     if the fault cannot be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back.

7.3.         Ending the Contract because of something we have done or are going to do: If you are ending the Contract for a reason set out at Clauses 7.3.1 to 7.3.3 below the Contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

7.3.1.     we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

7.3.2.     there is a risk that supply of the products may be significantly delayed because of events outside our control; and

7.3.3.     you have a legal right to end the Contract because of something we have done wrong.

7.4.         Exercising your right to change your mind (Consumer Contracts Regulations 2013): For most products bought online you have a legal right to change your mind within 14 days and receive a refund. You may be able to get a refund if you are within this cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

7.4.1.     When you don't have the right to change your mind: You do not have a right to change your mind in respect of products:

(a)          sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

(b)          which you have damaged or modified (although you may have the right to a replacement or partial refund where you were trying to repair a faulty or defective product); or

(c)           personalised, custom-made, bespoke and other special products unless they are faulty or defective on delivery.

7.4.2.     How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the products, unless your products are split into several deliveries over different days, in which case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.

7.5.         Ending the Contract where we are not at fault and there is no right to change your mind: If you do not have any other rights to end the Contract (see Clause 7.1 above), you can still contact us before it is completed and tell us you want to end it. If you do this the Contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the Contract.

 

8.            HOW TO END THE CONTRACT (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

8.1.         Tell us you want to end the Contract: To end the Contract with us, please let us know by either:

8.1.1.     Phone or email: Calling customer services on 01159 657 400 or emailing us at sales@horizonsc.co.uk. Please provide your name, main address, details of the order and, where available, your phone number and email address.

8.1.2.     Online: Completing the ONLINE FORM on our website.

8.1.3.     By post: Printing off the PRINTABLE FORM and posting it to us at the address on the form. Or simply writing to us as that address, including the information required in the form.

8.2.         Returning products after ending the Contract: If you end the Contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the products:

8.2.1.     in person to where you collected them;

8.2.2.     by posting them back to us;

8.2.3.     by sending them to us by courier (if they are not suitable for posting); or

8.2.4.     by allowing us to collect them from you.

Please call customer services on 01159 657 400 or email us at sales@horizonsc.co.uk for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the Contract.

8.3.         When we will pay the costs of return: We will pay the costs of return:

8.3.1.     if the products are faulty or misdescribed;

8.3.2.     if you are ending the Contract because we have told you of an upcoming change to the product, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return. 

8.4.         What we charge for collection: If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

8.5.         How we will refund you: We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

8.6.         Deductions from refunds: If you are exercising your right to change your mind:

8.6.1.     We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

8.6.2.     The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

8.7.         When your refund will be made: We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.

 

9.            OUR RIGHTS TO END THE CONTRACT

9.1.         We may end the Contract if you break it: We may end the Contract for a product at any time by writing to you if:

9.1.1.     you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due;

9.1.2.     you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or

9.1.3.     you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

9.2.         You must compensate us if you break the Contract: If we end the Contract in the situations set out in Clause 9.1 above we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.

 

10.          PRICE AND PAYMENT

10.1.      Where to find the price for the product: The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of product advised to you is correct. However please see Clause 10.3 below for what happens if we discover an error in the price of the product you order.

10.2.      We will pass on changes in the rate of VAT: If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

10.3.      What happens if we got the price wrong: It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order.

10.4.      When you must pay and how you must pay: We accept all major debit and credit cards typically used in the UK (with the exception of American Express). You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

10.5.      We can charge interest if you pay late: If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

10.6.      What to do if you think an invoice is wrong: If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.

 

11.          OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

11.1.      We are responsible to you for foreseeable loss and damage caused by us: If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

11.2.      We are not liable for business losses: Subject to Clause 14 (Terms which apply only to business customers), the products are supplied only for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

12.          HOW WE MAY USE YOUR PERSONAL INFORMATION

12.1.      Please refer to our Privacy Policy for information on how we may use your personal information.

 

13.          OTHER IMPORTANT TERMS

13.1.      We may transfer this agreement to someone else: We may transfer our rights and obligations under these terms to another organisation.

13.2.      You need our consent to transfer your rights to someone else: You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

13.3.      Nobody else has any rights under this Contract: This Contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these terms.

13.4.      If a court finds part of this Contract illegal, the rest will continue in force: Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

13.5.      Even if we delay in enforcing this Contract, we can still enforce it later: If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

13.6.      Which laws apply to this Contract and where you may bring legal proceedings: 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.

 

14.          TERMS WHICH APPLY ONLY TO BUSINESS CUSTOMERS

This Clause 14 only applies if you are dealing as a business, rather than an individual consumer. Where this is the case, if there is an inconsistency between this Clause 14 and the rest of these terms, this Clause 14 shall have priority.

Liability

14.1.      We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.

14.2.      Nothing in these Terms limits or excludes our liability for

14.2.1.   death or personal injury caused by our negligence;

14.2.2.   fraud or fraudulent misrepresentation; or

14.2.3.   any other form of liability which cannot legally be excluded.

14.3.      Subject to Clause 14.2 above, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

14.3.1.   any loss of profits, sales, business, or revenue;

14.3.2.   loss or corruption of data, information or software;

14.3.3.   loss of business opportunity;

14.3.4.   loss of anticipated savings;

14.3.5.   loss of goodwill; or

14.3.6.   any indirect or consequential loss.

14.4.      Subject to Clause 14.2 above, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.

14.5.      Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your particular purposes.

Entire Agreement:

14.6.      These Terms, our Privacy Policy and our Terms of Website Use constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

14.7.      You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or our Privacy Policy, Terms of Website Use and any Website Acceptable Use Policy.

14.8.      You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

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