YOU SHOULD PRINT OUT A COPY OF THEM AND ANY ORDER YOU PLACE FOR FUTURE REFERENCE.
1.1 In these Terms and Conditions:-
“contract” means the contract between you and us for the sale and purchase of the goods ordered by you using our website.
“goods” means those items you have ordered in accordance with paragraph 3.
“we”, “us” or “our” means Henryka, a company registered in England and Wales with registration number 05706705 and whose registered office is at 10 Widemarsh Street, Hereford HR4 9EW.
“working day” means any day except a Saturday or Sunday or public or bank holiday in England
“you” or “your” means you as the user of our website and/or the buyer of any of our goods. 1.2 Nothing in these Terms and Conditions will affect any of your rights as a consumer under any applicable legislation.
1.3 The Contract may be cancelled by you in accordance with paragraph 9.
1.4 You must be at least 18 years of age and have legal capacity to buy any goods from us.
1.5 We reserve the right in our absolute discretion to refuse access to or change the content of our website, reject any order or terminate any account you may open with us.
1.6 We may change the terms and conditions relating to the sale of our goods from time to time. If we do so, we will post the changes on our website. You will be responsible for reading these Terms and Conditions each time you use this website, and your continued use of it will confirm your agreement to be bound by the terms and conditions which apply when you use the website or place any order with us.
1.7 If you are not an individual, you confirm that you have full power and authority to bind any business on whose behalf you place any order.
1.8 Certain website services will require registration, and subsequent access to those services will be subject to an approved email address and password. All Password Details and other information you supply on this website must be accurate and complete. We may in our absolute discretion withdraw all Password Details. Your Password Details are exclusive to you, cannot be transferred to anyone else and must be treated as strictly confidential at all times. If you become aware of any misuse of your Password Details or have any concerns regarding them, you must inform us immediately (please see Contact Us for more information and full contact details).
1.9 We only deliver goods to delivery addresses in mainland United Kingdom. You must be resident in or your principal place of business must be in mainland United Kingdom if you wish to place an order to buy any goods and that address must appear in your order. When you state that address in your order it will be a representation by you that you reside in or your principal place of business is in mainland United Kingdom, and we will be relying on that representation if we accept your order.
1.10 It is an offence in the United Kingdom for any person under 18 years of age to purchase a knife or attempt to purchase a knife. We will only sell knives to customers over 18 years of age. We reserve the right to cancel the Contract if we have cause to believe that you are below 18 years of age, or if we believe that the Contract may infringe the laws of the United Kingdom.
2.1 You must ensure that all information you supply to us in relation to your account with us is complete and accurate and that you inform us of any change in that information.
2.2 You are responsible for protecting and maintaining the confidentiality of your log in name and password to your account and ensuring that there is no unauthorised access to or use of your account. If you think that anyone has unauthorised access to your account, you must inform us immediately. You will be liable for all transactions that occur using your log in name and password.
2.3 Goods ordered are subject to availability. If they are not in stock when you place your order, we will inform you of that as soon as reasonably practicable and refund or re-credit you for any amount you have paid or has been debited from your credit or bank debit card for any goods.
3.1 Please see FAQ's for information on how to place an order and Delivery Information for home delivery arrangements.
3.2 Any order you place to buy any goods featured on our website is your offer to us to buy the goods. We will send you an email, to the email address you provide in your order, acknowledging your offer and confirming details of your order. However, that email will not be acceptance of your order. There will be a legally binding contract between you and us for us to sell and you to buy the goods referred to in your order on despatch to you of the goods ordered, unless we have notified you that your order is not accepted or you have cancelled it under paragraph 9 or we have cancelled it under paragraph 10.
PRICE AND PAYMENT
4.1 The price of the goods you order will be the price for them displayed on our website when you place your order for them plus delivery charges. Prices include VAT, where chargeable, at the applicable current rates but exclude the cost of any other taxes, duties or charges imposed or payable in respect of goods, all of which must be paid by you. However, errors may occur and incorrect prices for goods you have ordered may be shown on our website. We will let you know if we discover any error in the price of those goods and give you the option of confirming your order, at the correct price, or cancelling it. If we cannot contact you, the order will be treated as having been cancelled. If it is cancelled and you have paid for the goods, a full refund will be made.
4.2 Unless we otherwise agree in writing, all prices for goods shown on the website are for delivery of the goods to you at your address stated in your order. If we are to deliver the goods to you elsewhere, in addition to the price, you must pay our delivery charges as set out in delivery Charges. Unless we otherwise specify, the price includes packing them in accordance with our standard practice.
4.3 You must pay the sums payable by credit or debit card. You undertake that all details that you provide to us will be correct, that the credit or debit card used belongs to the person submitting the order and that there are sufficient funds or credit facilities to cover the sums payable. We reserve the right to obtain validation of any credit or debit card details before accepting any order.
4.4 You will become the owner of any goods you order on this website when the goods are delivered. However, if you cancel the Contract in accordance with paragraph 9 of these Terms and Conditions, ownership of the goods will revert to us on the date of cancellation.
4.5 If you fail to provide us with a correct delivery address or do not accept delivery of the goods or we are unable to deliver them when we try to do so then, unless that is due to our default, we will without affecting our other rights arrange for storage of the goods until you arrange for them to be re-delivered to you or collected by you. If the goods are not collected or delivered within 7 calendar days of the date on which the first delivery was attempted, we may terminate the Contract by notice to you and refund the price of the goods paid by you, less the delivery charges, as soon as possible but in any event within 30 days.
5.1 We will deliver the goods to the delivery address stated in your order. We will use our reasonable endeavours to deliver the goods in accordance with any estimated delivery times but will not be liable for any loss or damage suffered by you, nor will you have any right to terminate the Contract, as a result of any reasonable or unavoidable delay in delivery.
5.2 You will become responsible for the loss or destruction of or any damage to the goods after they have been delivered to the delivery address in your order or to you.
6.1 If the goods we deliver are damaged or defective or are not what you ordered in your order or if you do not receive the goods you have ordered or the quantity delivered is incorrect you must notify us of your claim in writing or by email or fax at our addresses or fax number, within 5 working days of the date delivery of the goods or, as the case may be, the date of delivery we notified to you at the time you placed the order (or such later date if the date of delivery was subsequently amended by us). If you fail to do so, we will have no liability to you in respect of the goods or their non-delivery.
6.2 If you notify us of a claim in accordance with paragraph 6.1, our only obligation will be, at your option:
6.21 to replace or repair any goods that are damaged or defective; or
6.2.2 to make good any shortage in delivery or non-delivery of any goods; or
6.2.3 to refund to you the amount you have paid for the goods in question in whatever way we choose
6.3 We will not be obliged to comply with paragraph 6.2 in respect of any goods that are damaged at any time after they have been delivered. All damaged or defective goods must be returned to us either when you make your claim or within 5 working days of the date on which you make your claim in the state and condition in which they were when delivered to you or your delivery address.
7.1 To the fullest extent permitted by law, we will not be liable in any way (including breach of contract or negligence) for:-
7.1.1 loss of any kind of profit, income, goodwill or anticipated savings or other benefits; or 7.1.2 any costs, expenses or liability to any third party incurred by you (excluding reasonable costs incurred in repairing or replacing defective or damaged goods supplied buy us which we fail to repair or replace); or
7.1.3 any other financial loss, liability, damage, costs or expenses incurred by you arising directly in the natural and ordinary course or indirectly from or in connection with the Contract or the goods sold to you.
7.2 Our total liability to you for any breach of the Contract or our negligence or other breach of duty in relation to the Contract will be to comply with our obligations under paragraph 6.2 (subject to paragraph 6.3). We shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under paragraph 6.2.3.
7.3 We will use our reasonable endeavours to ensure that any information on this website is accurate, but we make no representation or warranty of any kind, whether express or implied, statutory or otherwise, regarding the contents or availability of this website, that it will be error free or timely, that any defects will be corrected or that the website or the server that makes it available is free of viruses or bugs. Access to this website may be interrupted or suspended because of repairs, maintenance, updating or other events or circumstances. We will not be liable to you for any loss or corruption of any data or material uploaded or transmitted through this website nor for any kind of loss or damage incurred arising from any action taken in reliance on any material or information contained on this site.
7.4 You must comply with all applicable legislation, including statutory rules and regulations, regarding the purchase of any goods from our website and must obtain at your cost any necessary import or export licences.
7.5 No exclusions from or limitations on our liability in these Terms and Conditions will apply to death or personal injury arising from our breach of contract or negligence.
CIRCUMSTANCES OUTSIDE OUR CONTROL
8. We will not be in breach of the Contract or otherwise be liable to you for any delay or failure in performing any of our obligations under the Contract or any damage to or defect in goods delivered if that is caused by any circumstances or event beyond our reasonable control (including without limitation breakdown of equipment, strike or industrial dispute, shortage of materials or failure of or delay in receiving supplies).
YOUR RIGHT OF CANCELLATION
9.1 If you are an individual and buy the goods under the Contract for purposes outside your business, you have the right to cancel the Contract in respect of all or some of the goods you have agreed to buy under the Contract at any time up to the end of the eighth working day after you receive the goods, except as stated in paragraph 9.3.
9.2 To exercise your right of cancellation, you must give us, within the period stated in paragraph 9.1, written notice of cancellation by delivering it at or sending it by post, fax or email to the relevant address or email address shown in [Contact Details] giving details of the goods (or the goods in respect of which the Contract is cancelled), our [delivery note number] and (where appropriate) their delivery.
9.3 You will not have any right to cancel the Contract under this paragraph to the extent that the goods are made to your specification or are clearly personalised.
9.4 If you cancel the Contract in accordance with this paragraph after the goods have been delivered to you, you will be responsible for returning the goods, or as the case may be, those in respect of which the Contract has been cancelled, to us at your cost and risk in the state and condition in which they were when delivered. The goods must be returned to our address for returned goods shown in [Contract Details] within 7 days of the date of the notice of cancellation. You must take reasonable care of the goods until they are returned or sent to us and must not unpack them or use them.
9.5 If you cancel the Contract in whole or part in accordance with this paragraph, we will re-credit to your credit or bank debit card or refund you as soon as possible, and in any event within 30 days of receipt of the notice of cancellation, any sum debited by us to your card or paid by you for the goods in respect of which the Contract is cancelled less any costs recoverable under paragraph 9.6.
9.6 If you do not return the goods as required, we may recover them and charge you for the direct costs of recovery.
CANCELLATION BY US
10.1 Notwithstanding paragraph 3.2 and in addition our rights under paragraph 4.5, we reserve the right to cancel the Contract between us if:
10.1.1 we have insufficient stock to met your order.
10.1.2 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in pricing information received by us from our suppliers.
10.2 If we do cancel your Contract we will notify you by email and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for example for disappointment suffered.
GOVERNING LAW AND JURISDICTION
11. The laws of England will apply to the Contract and all claims and legal proceedings arising in connection with it will be subject to the exclusive jurisdiction of the Courts of England.
12.1 All copyright, trademarks and other intellectual property rights in or relating to the design of this website and its contents and all materials made available as part of your use of this website will continue to belong to us or, as appropriate, the third parties who licence us to use them. You are only allowed to use this website and its contents and those materials as expressly authorised by us or those third parties.
12.2 The contents of and the materials available through this website may only be used by you for your personal use in connection with your use of this site, and you may not copy, reproduce or commercially exploit any such materials or contents, although you may download such materials or contents strictly for the purpose of your use of this website.
12.3 You must not use our website for any unlawful purpose or activity.
13.2 The provisions of the Contract are separate, and if any provision or part of it is held to be invalid or unenforceable by any court or other body of competent jurisdiction that will not affect the other provisions or the remainder of the relevant provision.
13.3 You may not transfer or otherwise deal with all or any of its rights or obligations in relation to the Contract without our prior written consent. We will be free to transfer all of our rights and/or obligations in relation to the Contract provided that does not adversely affect you.
13.4 If you or we do not strictly enforce our respective rights, that will not in any way affect any of your or, as the case may be, our rights in respect of the Contract.
13.5 Anyone who is not a party to the Contract has no right to enforce any provision of the Contract under the Contracts (Rights of Third Parties) Act 1999.
13.6 Any notice or claim under the Contract must be in writing and will be effectively served on you if it is personally delivered at or sent by pre-paid first class post, email or fax to the address, email address or fax number you give us and on us if it is:-
• personally delivered at or sent to us by pre-paid first class post at Henryka, 10 Widemarsh Street, Hereford, HR4 9EW
• sent by email to email@example.com
• faxed to 01432 268727
In addition, a notice of cancellation may be given in accordance with paragraph 9.