Terms & Conditions of Sale
Alpha Manufacturing Hixon Limited T/A HEX Living
Pasturefields Lane
Hixon
Staffordshire
ST18 0PS
Please read these terms and conditions carefully before placing your order and retain a copy of them and your order for future reference.
Contract
1.1 These terms of sale apply to all goods supplied by Alpha Manufacturing Hixon Limited T/A HEX Living, Pasturefields Lane, Hixon, Staffordshire ST18 0PS registered in England and Wales No. 2963616
1.2 No contract exists between you and HEX Living for the sale of any goods until the HEX Living has received and accepted your order.
1.3 An acceptance of your offer to buy the goods will be sent shortly after your order. However, we do have the right to terminate the contract if the goods are unavailable, miss-priced or cleared funds are not received.
1.4 The contract is subject to your right of cancellation (see below).
1.5 The Supplier, Alpha Manufacturing Ltd T/A HEX Living, (referred to in these terms as Hex Living) may change these terms of sale without notice to you in relation to future sales.
Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Suppliers website at the time you place your order. Every effort is made to describe and show representative images of products and colours, but these can vary on different computer monitors.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, we will not accept your order. If after acceptance or order HEX Living discovers within 14 days of our acceptance of your order that the goods are unavailable, we may terminate the contract and refund or credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the HEX living website are accurate at the time you place your order. If an error is found within 14 days of accepting your order, HEX Living will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If HEX Living does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14-day period, the Supplier will refund or credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you may be required to pay a delivery charge for the goods.
Payment
3.1 Payment for the goods and delivery charges can be made by any method shown on the HEX Living website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the HEX Living to terminate the contract immediately.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by HEX Living to you.
4. Delivery
4.1 The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the United Kingdom.
4.3 If delivery cannot be made to your address for reasons under HEX Living’s control HEX Living will inform you as soon as possible.
4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of Hex Living) then without prejudice to any other right or remedy available to the HEX Living, HEX Living may:
4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations Hex Living shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to HEX Living. Should you fail to return the goods, HEX Living reserves the right to deduct any direct costs incurred in retrieving the goods because of such failure.
4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, HEX Living will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, HEX Living will inform you as soon as possible.
Your right of cancellation
5.1 To exercise your right of cancellation, you must give written notice to HEX Living by hand, post, or the contact section of our website, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
5.2 Except in the case of faulty or miss described goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the HEX Living at your own cost. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or miss described goods we shall, after receiving notification in accordance with clause 6.3 either collect the goods from you or ask you to return the goods yourself and possibly refund you the reasonable postage costs.
5.3 Once you have notified HEX Living that you are cancelling the contract, HEX Living will refund or credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
5.4 Except in the case of faulty or miss described goods, if you do not return the goods as required, HEX Living may charge you a sum not exceeding the direct costs of recovering the goods.
6. Limitation of Liability
6.1 Subject to 6.2 below, if you are a consumer HEX Living shall not be liable to you for any loss or damage in circumstances where:
6.1.1 There is no breach of a legal duty owed to you by HEX Living or by its employees or agents;
6.1.2 Such loss or damage is not a reasonably foreseeable result of any such breach;
6.1.3 Any increase in loss or damage resulting from breach by you of any term of this contract.
6.2 Nothing in these conditions excludes or limits the liability of HEX Living for death or personal injury caused by HEX Living’s negligence or fraudulent misrepresentation.
6.3 If you are a business customer HEX Living shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
Data Protection
HEX Living will take all reasonable precautions to keep the details of your order and payment secure but unless HEX Living is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
Images
Product images are for illustrative purposes only and may differ from the actual product.
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.
9. Despatch and Delivery
We endeavour to dispatch all orders within 48 hours; however, items may take up to 10 working days to dispatch.
We, including our suppliers and affiliates, cannot be held responsible for any delays caused by our chosen courier. This includes (but is not limited to) strike action, adverse weather conditions, loss, damage, or failure to find the destination address. Cancellations are not accepted because of delayed delivery unless the delay exceeds a 28-day period.
By placing your order with Hex Living it is assumed that you are able to make yourself available to receive delivery, or you are prepared to make alternative arrangements with our designated courier.
10. Tax Charges
All prices include UK VAT at the current rate of 20%. We cannot be held responsible for any taxes levied on goods upon arrival in the destination country.
11. Privacy Policy
We do not disclose buyers’ information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party.
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The UK’s leading manufacturer of outdoor furniture and storage solutions. Based in Staffordshire.