Terms and Conditions
Website sales - terms and conditions of supply
This page (together with the documents referred to on it) describes the terms and conditions on which we supply consumers who order online, the products listed on our website http://www.hayter.co.uk. Please read these terms and conditions carefully before ordering any products from our site. You should understand that by ordering any of our products online, you agree to be bound by these terms and conditions.
We recommend that you print a copy of these terms and conditions for future reference.
1 INFORMATION ABOUT US AND HOW TO CONTACT US
We are Toro U.K. Limited, a company registered in England and Wales with registered number 05286686 and have our registered office at Spellbrook, Bishops Stortford, Hertfordshire, CM23 4BU which is also our main trading address. Our website is http://www.hayter.co.uk. Our VAT number is GB 852819012.
You can contact us by telephoning us on 01279 723444, by writing to us at sales@hayter.co.uk or by mail, for the attention of: Sales Department, Toro U.K. Limited, Bishop's Stortford, Herts, CM23 4BU. We may record calls for quality and training purposes.If you have any questions or complaints about the products please contact our customer service team on the details above.
If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2 PRODUCT AVAILABILITY
We are only able to deliver products to locations in the UK and therefore we do not accept orders from or deliver to addresses outside the UK.
3 HOW TO PLACE AN ORDER AND HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 Our online pages will guide you through the steps you need to take to place an order with us. You may choose the products by clicking on the “buy now” or “find a dealer” options.
3.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process. Prior to submitting the order, you are required to verify the accuracy of the information provided and make the necessary corrections.
3.3 After placing an order, you will receive an e-mail from us acknowledging that we have received your order (the Order Acknowledgement). Please note that the receipt of an Order Acknowledgement does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the order has been accepted (the Order Confirmation). The contract between us will only be formed when we send you the Order Confirmation.
3.4 The contract will relate only to those products we have confirmed in the Order Confirmation.
3.4 The contract shall be filed in our order management system. The languages used for concluding the sale contracts are English only.
4 CANCELLATION RIGHTS
4.1 If you are a consumer making a purchase, you may cancel a contract at any time within fourteen days from the day after you receive the products. In this case, you will receive a full refund of the price paid for the products (and any standard delivery charges) if the products are returned to us in accordance with our refunds policy (set out in paragraph 8 below).
4.2 To cancel a contract, you must inform us in writing either via email on sales@hayter.co.uk or by post to Sales Department, Toro U.K. Limited, Bishop's Stortford, Herts, CM23 4BU. We have included a model cancellation form at the end of these terms and conditions that you may wish to use to notify us of your decision to cancel the contract. Where you cancel your order in accordance with this clause 4.2, you must also return the product(s) to the Authorised Hayter Stockist that delivered the product to you ("Supplying Authorised Stockist") as soon as possible and, in any event, within 14 days of you having informed us of your wish to cancel a contract. The product must be returned in the same condition in which it was received, 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. We may make a deduction from the reimbursement for loss in value of any products supplied, if the loss is the result of unnecessary handling by you.
4.3 Details of your statutory right to return and an explanation of how to exercise it, are provided in the Order Confirmation. This provision does not affect your statutory rights.
5 AVAILABILITY AND DELIVERY
5.1 The Order Confirmation will give details of the Supplying Authorised Stockist that will be contacting you to arrange delivery and installation of the product which you have ordered on our behalf.
5.2 We will fulfil your order within 15 days of the date of the Order Confirmation. If we are unable to supply within this timeframe, we will contact you to agree a new delivery date. If the new date is not acceptable to you, you will have the option to cancel your order and receive a full refund.
5.3 Carriage charges, if applicable, will be as shown as each item is added to your order. There will be some areas in particular remote areas of Scotland and offshore that we do not normally deliver to and could be subject to special delivery arrangements.
5.4 Products will be delivered to you by one of our Supplying Authorised Stockists, fully assembled and ready for use. The delivery will not be made unless you or a third party are present to receive the product and sign the delivery note. If, on delivery, the Supplying Authorised Stockist making the delivery advises that the product is not suitable for the application you will have the option to accept delivery despite this knowledge, cancel your order, or purchase an alternative machine. If you accept delivery against the advice of the Supplying Authorised Stockist you may be required to sign the delivery note to this effect.
6 RISK AND TITLE
6.1 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.
6.2 The products will be at your risk from the time of delivery.
7 PRICE AND PAYMENT
7.1 The price of any products will be as quoted on our site from time to time, except in cases of obvious error.
7.2 These prices include VAT but exclude any delivery costs, which will be added to the total amount due.
7.3 Prices 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.
7.4 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 either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection, in which case you may determine whether to place a new order at the correct price.
7.5 Please note that we are under no obligation to provide the product to you at the incorrect (lower) price, even if the error is noted after we have sent you an Order Confirmation.
7.6 Payment for all products must be by credit or debit card. We accept payment with valid Mastercard, Visa, Maestro, Delta, Visa Electron and Solo cards. We will charge your credit or debit card at the point of Order Confirmation. If, for any reason, we are unable to dispatch your order within 15 days or as agreed under clause 5.2, then we will credit your account with the relevant amount.
8 OUR REFUNDS POLICY
8.1 When you return a product to us:
8.1.1 because you have cancelled the contract between us within the fourteen day cooling-off period (see paragraph 4 above), we will process the refund due to you within 14 days after the day the Supplying Authorised Stockist receives back from you any products supplied. In this case, provided the product is returned in original condition, we will refund all payments you have made to us for the purchase of the product, including any sums paid for standard delivery (but not any enhanced delivery costs such as next day delivery). However, you will be responsible for the cost of returning the product to the Supplying Authorised Stockist.
8.1.2 because you claim that the product is defective (pursuant to clause 9), we will examine the returned product and will notify you via e-mail as soon as reasonably possible after determining whether you are entitled to a refund. If a refund is due, the amount refunded will include the full purchase price of the product, including any delivery fees for which you were charged, and any cost you may have incurred in returning the item to a Supplying Authorised Stockist. We will process any refund due to you within 14 days of confirming your entitlement for a refund. Please make us aware of any potential defects as soon as possible. A delay in notification may cause you to lose your statutory rights of return, which carry specific time frames.
8.2 Unless otherwise agreed, we will refund any money due to you using the same method originally used by you to pay for your purchase. If there are any issues processing the refund payment we will contact you.
9 WARRANTY AND OUR LIABILITY
9.1We are under a legal duty to supply products that are in conformity with this contract. You are also entitled to certain key legal rights in respect of the products. For example, that the products are of satisfactory quality and reasonably fit for the purposes for which products of the kind are commonly supplied. For detailed information of these rights please visit the Citizens Advice website: www.adviceguide.org.uk or call 03454 04 05 06. Nothing in these terms will affect your legal rights.
9.2 Toro U.K. Limited warrants its consumer products to be free from defects in material and workmanship for a specified period (period varies by model please see individual product page on the site or Owner's Handbook for more details), from date of the delivery to the owner, subject to limitations listed in the Warranty Statement contained within the Owner's Handbook. Such warranty is in addition to any statutory rights but is subject to products having been used and maintained in accordance with the instructions contained in the Owner's Handbook and applicable standard practice.
9.3 If we fail to comply with these terms and conditions, we are responsible to you for loss or damage you suffer that is a foreseeable result of us breaking this agreement 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, you notified us before you placed your order.
9.4 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:
9.4.1 for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
9.4.2 for defective products under the Consumer Protection Act 1987;
9.4.3 for fraud or fraudulent misrepresentation;
9.4.4 for any deliberate breaches of these terms and conditions by us that would entitle you to terminate the contract between us; or
9.4.5 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability
9.5 Lifetime Crankshaft Warranty; All Hayter branded machines that are fitted with a genuine Hayter Friction Disc and Crank-Safe Blade Brake Clutch (integrated Blade Brake Clutch (BBC) + Friction Disc assembly) as original equipment and used by the original purchaser in accordance with recommended operating and maintenance procedures, are covered by a Lifetime Warranty against engine crankshaft bending. Machines fitted with friction washers, Blade Brake Clutch (BBC) units, and other such devices are not covered by the Lifetime Crankshaft Warranty.
10 TRANSFER OF RIGHTS AND OBLIGATIONS
10.1 We may transfer our rights and obligations under these terms and conditions to another organisation.
10.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms and conditions to another person if we agree to this in writing.
10.3 Nobody else has any rights under the contract. The contract is between you and us. No other person shall have any rights to enforce any of its terms.
11 EVENTS OUTSIDE OUR CONTROL
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.
12 WAIVER
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 and conditions, 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 SEVERABILITY
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
14.1 These terms and conditions may be amended from time to time. Any amendment to these terms and conditions shall be effective exclusively for all new orders submitted following the publication of the amendment on our website. Please check the terms and conditions posted on our website before placing a new order as they may have changed since your last visit.
14.2 The policies and terms and conditions in force at the time that you place your order products from us will apply, unless (1) a change to the terms is required by law or governmental authority (in which case it will apply), or (2) 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 you have the right to cancel your purchase by notifying us within seven working days of receiving notice of such change.
15 LAW AND JURISDICTION
These terms and conditions 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.
(Complete and return this form only if you wish to withdraw from the contract)
To Toro U.K. Limited, Spellbrook, Bishops Stortford, Hertfordshire, CM23 4BU, 01279 723444, sales@hayter.co.uk
I hereby give notice that I cancel my contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Please delete as appropriate