Hector’s Post Terms and Conditions
Welcome to www.hectorspost.com (the “Website”). This Website is owned and operated by Hector’s Post Limited (“We”, “Us”). We create books that are personalised based on a child’s name and appearance.
These Terms and Conditions will apply to the use of this Website and set out the contractual terms for the sale of any products on our Website (the “Products”) between Us and you. By accessing this Website and/or placing an Order for a Product, you agree to be bound by these Terms and Conditions.
If you do not agree to these Terms and Conditions, please stop using this website immediately and/or stop proceeding with your Order.
If you would like to contact Us about anything regarding Our Website or products, please contact Us by email at info@hectorspost.com.
Definitions
Website Access and Usage
You warrant that You will not use this Website for any purpose that is unlawful or prohibited by these Terms and Conditions, or in breach of any legislation or license that applies to You. You agree to comply with all reasonable instructions that We may give you regarding use of the Website.
We may review your Order, and the content it contains, for adherence to Our guidelines and compliance with these Terms and Conditions.
We may refuse to process an Order where We believe that the Content is in breach of these Terms and Conditions and Our guidelines.
We are not responsible for the content or any viruses on this Website or any site that we may link to.
You are not authorised or allowed to develop, support or use software, devices or scripts to scrape the content on this Website.
Property Rights and Rights of Use
Unless otherwise stated, the copyright and other Intellectual Property Rights in all Content on this Website are owned by and shall remain owned by Us or Our licensors including any modifications or updates.
You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or Content on the Website without written permission from Us.
You may not remove any copyright or other proprietary notices contained in any Site Content.
Orders and Specifications
To place an Order for a Product You will need to follow the Order procedure set out in the Website.
The Website displays details of the Price payable in respect of any Product and the procedure for payment.
You will receive a confirmation of your Order by email, within 1 working day of Our receipt of your Order. This email will contain your order reference number.
Your Order is only confirmed once you have received this email confirmation (the “Order Confirmation”).
The order number should be retained for future reference.
Any acceptance of your order is subject to these Terms and Conditions of sale and subject to the availability of Our stock.
We will make reasonable efforts to deliver goods within the estimated time specified, but We do not accept liability for any failure to deliver within that time. It is your responsibility to check the spelling and accuracy of the Order. You will not be entitled to a replacement in respect of any personalised product which contains an error that You are responsible for and which You fail to amend at the time of order.
We reserve the right to withdraw any Products and may, in Our sole discretion, refuse to process an Order or any future Orders for any reason at any time.
Without prejudice to your statutory rights as a consumer, We will not be liable to You or a third party by reason of Our withdrawing any Product or refusing to process any order.
Pricing and Payment
Except in the case of manifest error, the prices payable for Products that You order are as set out on the Website at the time at which You place your Order. If We discover an error in the price of the Products You have ordered We will contact You to inform You of this error and we will give You the option of continuing to purchase the Product at the correct price or cancelling your Order. We will not process your Order until We have your instructions.
For Orders within the UK and EU, prices are inclusive of VAT and all other applicable taxes and/or import duties. Applicable taxes and import duties are based on the final value of your Order and the prevailing rates in force in the relevant tax jurisdiction.
Orders with a delivery address outside the EU may be subject to import duties and taxes (including VAT) which may be applicable upon import. Any such additional charges or licences, as well as costs for customs clearance etc. must be borne by You as the importer of the goods.
Payment must be made through Our designated payment providers at the time of placing your Order. Payment in full will be taken at this time and only upon receipt of Payment will the Contract be in force between Us and You. You will be required to submit your payment details to the relevant third party payment provider and You may also be required to accept additional terms and conditions in relation to the use of that service. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of such third party payment provider.
You confirm that the credit or debit card which is being used for your Order is yours. Your credit or debit card details will be transmitted to a secure server. All credit or debit card holders are subject to validation checks and authorisation by the card issuer.
Delivery and Acceptance
Products will be delivered to the location detailed in the Order. In the event that multiple Products have been ordered, We are able to deliver in instalments, and consequently each delivery will constitute a separate contract.
Delivery dates are estimates. This is because manufacturing times vary. We are not under any liability to You in respect of any failure to deliver on any particular date, nor are We liable for losses or expenses that You may sustain as a result of a delayed delivery.
All delivered Products must be checked for damages, errors and quantities within 14 Days of receipt. If you can see any sign of damage to the parcel/s and believe they are Faulty, please sign as damaged otherwise we cannot replace the item, beyond your statutory rights. Any packages not signed for but accepted are considered signed in good condition.
We will deliver the Products to the address provided by You when you make your order. If any of the details you provide are not correct, we are not liable for any Order not received.
If delivery is refused or returned due to a faulty address, You will be charged a return fee.
If you wrongfully fail to take delivery of the Order then We shall be under no obligation to provide a replacement.
Risk and Property
Risk from Your Order will pass to You upon delivery to the agreed address set out in your Order. Title to the Order shall not pass to You until We have received full payment in respect of the Order.
Returns and rights of cancellation
We will supply a replacement if:
We do not accept returns if the product has been personalised and the Order has been fulfilled correctly. We cannot accept returns if You do not like the Product.
Prior to returning the Product, you must notify Us by emailing info@hectorspost.com. The Product(s) must be returned in the condition in which You received it within 20 days of delivery.
Nothing in this clause affects your statutory rights.
Warranties, Disclaimers and limitation of liability
We do not warrant that the quality of any Products, or other material purchased or obtained will meet the Buyers expectations.
We make no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Website, the information contained on the Website, your personal information or material and information transmitted over the system.
You are responsible for obtaining access to the services and Products provided by this Website and agree that access to these services may involve third-party fees (including but not limited to Internet service provider or airtime charges). You agree to be responsible for those fees and will not hold Us liable for any disputes which may arise with third parties whether or not referred to by this Website.
The Website and its contents are provided on an “as is” and “as available” basis. This means that the We do not make any promises in respect of the quality, completeness or accuracy of the information published on or linked to from the Website.
To the fullest extent allowed by applicable law, the Website disclaims all warranties, representations, conditions and duties of any kind, including without limitation, any warranties of satisfactory quality, merchantability or of fitness for a particular purpose.
The Website does not provide any warranty or representation that it is free from infection by viruses or anything else that has contaminating or destructive properties.
**Liability ** If We fail to comply with these Terms and Conditions, We shall only be liable to you for the net purchase price of the Product purchased.
The information on this Website is provided on an “as is” basis. To the fullest extent permitted by law, We exclude all representations and warranties relating to this Website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Website’s literature; and excludes all liability for damages arising out of or in connection with your use of this Website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. Users should be aware that they use the Website and its Content at their own risk.
Nothing in these Terms and Conditions excludes or restricts the Owner’s liability for death or personal injury resulting from any negligence or fraud on the part of the Owner.
Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining terms.
Indemnity
You agree to indemnify Us fully, defend and hold Us, and Our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of these Terms by You, or your use of this Website, or the use by any other person using your registration details.
Termination
We may remove the Website or cease the provision of any of the services or Products available through the Website at any time in Our sole discretion for any reason whatsoever.
We may terminate your access to the Website for any reason in Our sole discretion at any time with or without notice.
Data Protection and Privacy
Personal information that we may collect will only be used in accordance with our Privacy Policy . By accepting these Terms and Conditions You are consenting to the Privacy Policy.
**Entire Agreement **
The Contract represents the entire agreement between You and Us in respect to its subject matter and all prior oral or written undertakings or agreements are superseded.
**Force Majeure **
Neither party (You or Us) shall be in breach of a Contract nor liable for delay in performing or failure to perform any of its obligations (excluding the obligation of payment) if such delay or failure results from events, circumstance or causes beyond its control. If the period of delay or non-performance extends beyond 6 months the party not affected may terminate the Contract and cancel the Order by giving 7 days’ written notice.
Governing Law
These Terms and Conditions are subject to English law and the courts of England and Wales will have an exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions.
