Terms and Conditions
Delivery & Terms of Sale
For use of this website and by accessing this website and/or placing an order you agree to be bound by the terms and conditions set out below.
We reserve the right to modify or withdraw either temporarily or permanently, this website or any part of it, with or without notice to you and confirm that we shall not be liable to you or any third party for any modification or withdrawal of the website.
These terms may be revised at any time and we reserve the right to do so. You are therefore advised to keep up to date with the contents of these terms. Nothing in these terms and conditions will affect your statutory rights.
Delivery Costs & Times
For parcels sent to addresses outside of the United Kingdom, please speak to us about carriage charges.
We try our hardest to get your order to you as soon as possible but please allow 5 working days. If you require it sooner, please do contact us by directly at info@herby4.co.uk
Description of Products
Each product purchased is sold subject to its product description and we take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time of writing. We aim to keep the website as up to date and accurate as possible.
Intellectual Property and Right to Use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Limitation of Liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the contents of this site and we accept no liability for damages arising out of or in connection with the use of this site.
Waiver
A waiver of a breach of any of the terms of this agreement does not constitute a waiver of any other breach or default and shall not affect the other terms of this agreement. A waiver of any of the terms of this agreement will not prevent a party form subsequently requiring compliance with the obligation in respect of which the waiver was given.
Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Entire Agreement
These conditions govern our relationship with you. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
Terms and Conditions for Commercial Sales
(a) In these conditions ‘Herby4’ means Herby4.
(b) No contract is made until and unless Herby4 have accepted the order. All orders are accepted and goods supplied subject to these conditions. No additions or variations shall be binding on Herby4 unless in writing and signed by a partner of Herby4.
(c) These conditions shall apply to all contracts between Herby4 and the customer for the supply of all goods and services. No conditions stipulated in any other document or communication should vary or annul these conditions unless confirmed in writing by a partner of Herby4
(d) The rights and remedies of Herby4 shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time, nor by any delay by Herby4 in asserting or exercising any of its rights and remedies.
(e) After acceptance of the Customer’s order, cancellations of the contract will not be allowed without written consent of a partner of Herby4 and then only upon such terms as Herby4 shall in its sole discretion specify.
-
PRICE VARIATION
Herby4 reserves the right to change the pricing of their products giving a minimum of 4 weeks’ notice to Customers. -
TAX
Herby4 are VAT registered and are required to charge the current amount of value added tax in countries where VAT is a consideration. -
DELIVERY & PAYMENT
(a) Non-Account Holders: Payment is due on or before delivery of goods. If delivery is required, a request for payment on a pro-forma invoice will be made. Applications for a Credit Account are available on request, but shall only be granted after satisfactory references have been taken up.
(b) Account Holders: Payment is required as agreed on the invoice. Herby4 shall be entitled to charge interest at the rate of 4% per month, or part thereof, of all unpaid amounts due, whether before or after judgement, until fully paid. Hullabaloos, at their discretion, shall at any time, reserve the right to withdraw credit for whatever reason. -
DELIVERY DATES
Herby4 will endeavour to secure delivery of the goods on the estimated delivery date, but shall not guarantee the date and time of delivery, nor shall Herby4 be liable for any damage or claims of any kind in respect of delay in delivery. -
SALE OF GOODS
(a) Ownership of the goods, which are subject to this contract, shall not pass to the buyer until the goods are fully paid for. But the risk in the goods shall be borne by the buyer, from the date of delivery by Herby4, or their carriers to the buyer.
(b) In the event that the buyer does not make payment for goods on the due date, Herby4 shall, at their discretion, be at liberty to recover the goods or maintain an action for the price of the goods.
(c) For all purposes the buyer hereby grants to Herby4 an irrevocable lien on the goods until the price is paid and permits Herby4 access to recover the goods, where ever they are situated.
(d) Without prejudice to the foregoing, Herby4 may maintain an action against the buyer for any loss or damage suffered in consequence for the buyer’s failure to complete the contract or pay the price for the goods. -
CLAIMS
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Herby4 and the carrier within 1 day of delivery (or in the case of non-delivery, within 7 days of despatch of goods) and any claim in respect thereof must be made in writing to Herby4 and the carrier within 4 clear days of delivery (or in the case of non-delivery, within 10 days of despatch or in the case of goods shipped overseas, 45 days. All other claims must be made in writing to Herby4 within 1 day of delivery.
Herby4 shall not be liable in respect of any claim unless the aforementioned requirements have been compiled with except in any particular case where the customer proves the (i) it was not possible to comply with the requirements and(ii) advice (where required) was given and the claim made as soon as reasonably possible. -
INSOLVENCY
If the customer ceases to pay his debts in the ordinary course of business, or cannot pay his debts as they become due, or being a company is deemed to be unable to pay its debts, or has a winding up petition issued against him, Herby4 without prejudice to other remedies shall:
(i) Have the right not to proceed further with the contract or any other work for the customer, and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer. Such a charge is to be an immediate debt to Herby4
-
CONTINGENCIES
Herby4 shall not be responsible for non performance in whole or part of its obligations, nor under any liability to the customer in respect thereof if such non-performance is due to acts of Gods, War, insurrection, riot, government regulations, embargoes, strikes, labour disputes, illness, flood, fire, tempest, force majeure, or any other cause beyond the control of Herby4. -
LEGAL JURISDICTION
These terms and conditions and the contract to which they relate shall be constructed and have effect according to English Law and Herby4 and the customer agree to submit to the jurisdiction of English courts.
Law
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the English courts.
Herby4 Registered Address
Herby4, Unit 14, Upcott Farm, Bicknoller, Somerset TA4 4EY