THE BLACK HOOF COMPANY LTD. TERMS AND CONDITIONS
- INFORMATION ABOUT US
www.theblackhoof.co.uk (“our site”) is a site operated by The Black Hoof Company Ltd. (“we”, “us”, “our”).
Registered Company SC574438
Registered office and main trading address – 101 Rose Street South Lane, EH2 3JG, Edinburgh, Scotland, UK
VAT No. 276 3988 44
- APPLICATION OF TERMS
2.1 Subject to any permitted variation, the contract between you and us (the “Contract “) for the sale and purchase of any of our products (the “Products “) shall be on the terms set out in these Terms and Conditions to the exclusion of all other terms and conditions (including any terms or conditions which you may purport to apply under any purchase order, confirmation of order, specification or other document).
2.2 These Terms and Conditions apply to all our on-line sales and any variation to these Terms and Conditions and any representations about the Products shall have no effect unless expressly agreed in writing by us. By placing an order on our site you acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms and Conditions.
2.3 Each order placed by you through our site shall be deemed to be an offer by you to buy the relevant Products subject to these Terms and Conditions.
- SERVICE AVAILABILITY
3.1 Our site is only intended for use by people resident in the United Kingdom.
- YOUR STATUS
4.1 By placing an order through our site, you warrant that:
- 4.1.1 you are legally capable of entering into binding contracts;
- 4.1.2 you are at least 18 years old;
- 4.1.3 you are resident in the UK;
- 4.1.4 you are accessing our site from the UK and
- 4.1.5 you are agreeing to be bound by these Terms and Conditions.
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will only confirm such acceptance to you by sending you an e-mail once your order and payment have been successfully received (the “Order Confirmation”). The Contract will only be formed when we send you the Order Confirmation. The quantity and description of the Products ordered shall be as set out in the Order Confirmation.
- OUR SITE
6.1. If any Product you have ordered is not available we will contact you with the option of ordering a replacement Product, cancelling your order or waiting until the Product is back in stock.
6.2 We reserve the right to modify, substitute or remove any information on our site without prior notice. Price, Product information and Product availability are all subject to modification from time to time without prior notice.
6.3 All images and text on our site remain the property of The Black Hoof Company Ltd. and may not be used without our prior written consent.
- CONSUMER RIGHTS
7.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy set out in clause 10 below.
7.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
7.3 Your statutory rights are not in any way affected by these Terms and Conditions. In addition, you are also protected under the Consumer Protection (Distance Selling) Regulations 2000 (www.opsi.gov.uk/si/si2000/20002334.htm) and the Electronic Commerce (EC Directive) Regulations 2002 (www.opsi.gov.uk/si/si2002/20022013.htm).
- AVAILABILITY AND DELIVERY
8.1 We aim to fulfil your order within 3 working days from the date of the Order Confirmation, unless there are exceptional circumstances. Your order shall be delivered to the address provided at the time your order was placed.
8.2 Our delivery charges relate to delivery to one single address. We are unable to split orders to separate addresses.
8.3 Deliveries will only be made between Monday to Friday and between the hours of 9.00am and 5.00pm by a nominated third party courier on our behalf. We are unable to provide specific delivery times. You must ensure that a responsible person is available to accept delivery as the courier will require a signature for all deliveries. Products cannot be left with any third parties and you will be responsible for any additional delivery charges incurred for failed deliveries.
8.4 If for any reason you fail to accept delivery of any Product when they are ready for delivery, or we are unable to deliver the Product on time because you have not provided the correct delivery address or appropriate instructions or no-one was there to accept the delivery at the time notified to you:
(a) risk in the Product shall pass to you;
(b) the Product shall be deemed to have been delivered; and
(c) we may store the Product until delivery, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
8.5 You must provide at the delivery address and at your expense adequate and appropriate equipment and manual labour for loading the Product.
8.6 Any dates quoted for delivery are intended to be an estimate only and we shall not be liable for any delay in the delivery of Products however incurred. Time for delivery shall not be of the essence. If no delivery date is specified, delivery shall be within a reasonable time.
- RISK AND TITLE
9.1 The Products ordered will be at your risk from the time of delivery.
9.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
- PRICE AND PAYMENT
10.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
10.2 All prices on our site are quoted in GBP (£). The quoted prices are inclusive of VAT. All prices quoted on our site are exclusive of delivery costs, which will be added to the total amount due and calculated accordingly.
10.3 Prices and charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
10.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products 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. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a miss-pricing.
10.5 Payment for all Products must be by credit or debit cards. No handling or administration fees will be charged.
Please note that any pricing or promotions available through our Shop Online are exclusive to our online offer and are not available or transferable to The Black Hoof in 171 Dalry Road, EH11 2EB, Edinburgh.
- OUR REFUNDS POLICY
11.1 If you are unhappy with any Product then please contact us directly either by email to email@example.com or by telephone on 07910888244 during the hours Monday to Friday 11:00am to 5:00pm to discuss the matter. Refunds will be arranged at our discretion.
11.2 Where you cancel a Contract before the Product(s) has been dispatched we will refund the cost of the Product(s) in full and will process the refund due as soon as possible and in any case within 30 days from the date on which you gave notice of your cancellation.
11.3 When you return a Product to us:
- 11.3.1 because you have cancelled the Contract between us within the seven-day cooling-off period we will process the refund due to you as soon as possible after we have received the Product in the same condition in which you received it. In this case, we will refund the price of the Product in full, including the cost of sending the Product to you. However, you will be responsible for the cost of returning the Product to us. You have a legal obligation to take reasonable care of the product whilst it is in your possession. If you fail to comply with this obligation, and/or the Product when returned to us is not in the same condition as it was when sent to you, we may have a right of action against you for compensation and may withhold part of your refund. You will also be responsible for the possible risk of loss or damage to the Product incurred during the transit back to us. We recommend that you send the Product back to us by recorded delivery and that you have sufficient insurance to cover the value of the Product returned. If the Product fails to be returned to us we cannot refund any payment made.
- 11.3.2 for any other reason (for instance, you claim that the Product is defective), we will examine the returned Product and will notify you of your refund (if any) via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect which we have confirmed will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
11.4 If you receive a Product which you consider is damaged then please contact us directly in order that we may arrange a replacement or refund. We will require a photo of the damaged Product. If possible, please sign for the Products as “DAMAGED ON RECEIPT”.
11.5 We can only refund any money due to you using the same method originally used by you to pay for your purchase. Cash or cheque refunds cannot be issued. No handling or administration fee will be charged.
- OUR LIABILITY
12.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
12.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
12.3 Our total liability for losses you suffer as a result of us breaching any of these Terms and Conditions or any Contract is strictly limited to the purchase price of the Product you purchased.
12.4 This does not include or limit in any way our liability:
- 12.4.1 for death or personal injury caused by our negligence;
- 12.4.2 under section2(3) of the Consumer Protection Act 1987;
- 12.4.3 for fraud or fraudulent misrepresentation; or
- 12.4.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12.5 We are not liable for any indirect or consequential losses which happen as a side effect of the main loss or damage, including but not limited to:
- 12.5.1 loss of income or revenue;
- 12.5.2 loss of business;
- 12.5.3 loss of profits or contracts;
- 12.5.4 loss of anticipated savings;
- 12.5.5 loss of data; or
- 12.5.6 waste of management or office time,
However arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
12.6 We cannot accept any liability or responsibility for any damage to, or any virus that may affect, your computer or computer equipment from browsing or downloading data, text or images from our site.
12.7 We cannot accept any liability or responsibility for information, views or opinions provided by third parties about, or in relation to, the content and material of our site.
13.1 This is a secure, protected site with measures in place to protect consumer and transaction data. Payments are made through the Stripe systems, with payment and card details sent in an encrypted format. We are not able to access card payment details.
13.2 Any information collected and stored by us is done so lawfully and in accordance with the Data Protection Act 1998.
- WRITTEN COMMUNICATIONS
14.1 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 e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15.1 All notices given by you to us must be given to The Black Hoof Company Ltd at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our site, 24hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
- TRANSFER OF RIGHTS AND OBLIGATIONS
16.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- EVENTS OUTSIDE OUR CONTROL
17.1 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 events outside our reasonable control (a “Force Majeure Event”).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- 17.2.1 strikes, lock-outs or other industrial action;
- 17.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- 17.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- 17.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- 17.2.5 impossibility of the use of public or private telecommunications networks; or
- 17.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
17.3 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.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
19.1 If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- ENTIRE AGREEMENT
20.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
21.1 We have the right to revise and amend these Terms and Conditions from time to time.
21.2 You will be subject to the policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
- LAW AND JURISDICTION
22.1 Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
The Black Hoof Company Ltd. is committed to protecting your privacy and processing your personal data in accordance with the Data Protection Act (DPA) 1998 up to 24 May 2018 and the General Data Protection Regulation (GDPR) from 25 May 2018.
The Black Hoof Company Ltd. is the data controller of the information we collect and hold about you.
This policy explains how the information we collect is used and kept securely.
We have reviewed the purposes of our data processing activities and selected the most appropriate lawful basis for each activity.
Data processing activities
PROVISION OF GOODS AND SERVICES
We will process your data on the basis of legitimate interests.
A Legitimate Interests Assessment (LIA) has been conducted and we have concluded it is the most appropriate basis.
Our legitimate interests are:
- Registering and maintaining you as a trading (wholesale) partner and administering your account as efficiently as possible.
- As an online customer, the legitimate interests lie in processing and fulfilling your purchase order with a high level of customer service, including the option to review your experience to allow us to improve our services and offer.
- When you enter a The Black Hoof Company Ltd. competition, the legitimate interest is to ensure the prize reaches you if you are successful.
Existing trade customers
We will process your data on the basis of legitimate interests.
Our purpose is to provide you with information about our goods, services and events, to enhance our trading relationship, offering the right to object at any time using our contact details provided below.
Potential trade customers (attending trade events)
We will process your data on the basis of legitimate interests.
Our purpose is to provide you with information about our goods, services and events of interest, offering the right to object at any time using our contact details provided below.
Online and customers attending retail events
We will only send you special offers, promotions and information of goods and events that may be of interest if you have consented to receive them.
You can choose to receive digital marketing communications, by ticking the opt-in box:
- Through our online sign up form when you visit our website,
- When you create an online account.
- During the The Black Hoof Company Ltd. website checkout process.
- When filling in a physical consent form handed out during The Black Hoof Ltd. events.
You can withdraw your consent at any time: if you do not wish to continue to receive marketing from us, click on the ‘Unsubscribe’ link in any email communication or update your preferences by logging into your account. Alternatively you can contact us in writing:
The Black Hoof Company Ltd
101 Rose Street South Lane
OTHER MARKETING ACTIVITIES
During closed Retail events organised by The Black Hoof Company Ltd. we may take photographs. These may be used for promotional activities, only with your express consent.
When you contact us to seek information, we will process your data on the basis of legitimate interests.
Our interest is to respond to your enquiry as efficiently as possible and to provide you with the requested information.
Depending on the nature of your enquiry, we may put you in direct contact with our customers or suppliers who we believe could provide more accurate and relevant answers.
The information we collect about you
When you set up a trade (wholesale) account with us, we may collect the following information about you:
- Your name, email address, billing and delivery address, telephone numbers, payment details, IP addresses.
- References requested from third parties for credit control purposes.
When you purchase goods from The Black Hoof Company Ltd, we may collect the following details:
- Your name, email address, billing and delivery address, telephone numbers, payment details, IP addresses.
- If you set up an online account, your password will be encrypted on the secure server.
When you visit theblackhoof.co.uk website, we or third party providers of advertisements may also collect information regarding your visits. This may include where you are located geographically, how you were referred to us, your browser and device type, the pages you viewed, the duration of your visit and any search terms used. This information may be collected even if you do not open an account.
Why we collect it
- To process the necessary and appropriate data for the purposes of administering our trading relationship.
- When you make a purchase online, to process the necessary and appropriate data to fulfil your order including delivery, payment and to deal with any subsequent queries.
How we may use your personal information
- To deal with your requests and enquiries;
- To contact you for reasons related to the provision of The Black Hoof Company Ltd. goods and services;
- To provide payment processing and account management;
- To notify you about The Black Hoof Company Ltd. offers and events;
- To analyse visitor browsing and buying habits in order to continuously improve our The Black Hoof Company Ltd website and the products and services offered to our customers; please see Cookies Policy.
- To process orders made on the The Black Hoof Company Ltd website using the secure site Woocommerce;
- To comply with our legal obligations;
- To prevent, detect, mitigate, and investigate fraudulent or illegal activities;
- For use in print and digital marketing materials;
- To contact you if you are successful when entering any of our competitions for prize draws;
- To contact you via a third party review company about your shopping and service experience.
We will only disclose relevant data to our third-party couriers required for the purpose of fulfilling your order. Our courier may contact you with any update relating to the delivery of your goods.
We will only disclose your personal information to third party service providers if it is required to provide you with our goods and services.
We do not sell, rent or otherwise disclose your personal information to third parties for the purposes of marketing or advertising.
Protecting your information
We protect your personal information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorised access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centres, and information access authorisation controls.
Our commitment to Children’s privacy
Protecting the privacy of the very young is especially important. For that reason, we never collect store or process this information knowingly.
Data retention: How long we hold your information for
We will only retain your information for as long as is necessary for the purpose or purposes for which we have collected it.
Trade customers: We will retain your data for such time as you are in trading relationship with The Black Hoof Company Ltd If you stop trading with The Black Hoof Company Ltd or your account is suspended for any other reason, your personal data may be retained on our system for a period of up to seven years.
Online customers: We will retain your data for such time as you are in trading relationship with The Black Hoof Company Ltd
At any time you may amend or delete any personal data that we hold, or request us to do so.
At any time, you may request us to amend or delete any personal data that we hold.
If we receive your data through a competition entry, we will retain it for as long as is necessary to administer the competition.
You have the following rights under data protection legislation:
- To access a copy of the information comprised in your personal data;
- To object to processing of your personal data that is likely to cause or is causing damage or distress;
- To prevent processing for direct marketing;
- To object to decisions being taken by automated means;
- In certain circumstances, to have inaccurate personal data rectified, blocked, erased or destroyed;
- To claim compensation for damages caused by a breach of data protection legislation.