Terms and conditions
These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
We amend these Terms from time to time, every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us. Please check these Terms to ensure you understand the terms which will apply at that time.
The following definitions apply to these Terms of Sale:
Commercial Order: an order for Products which are for non-domestic use and/or where the purchaser is a business.
Bespoke Goods (or Custom Made Goods): Products which are specifically personalized and/or tailored to your specifications and not a standard offer within our current portfolio.
Order: your offer to purchase Products from us.
Sales Order Acknowledgement (“SOA”): The email/document confirming we have accepted your Order subject to the details enclosed within.
INFORMATION ABOUT US
We operate the website www.hotcakes.com. We are Hotcakes Rock Limited, a company registered in England and Wales under company number 09275259 and with our registered office at Bennett House, The Dean, Alresford, Hampshire, SO24 9BH. Our main trading address is Kemp House, 152 – 160 City Road, London, EC1V 2NX. Our VAT number is 211 1445 67.
USE OF OUR SITE
Your use of our site is governed by our Terms of Website Use. Please take the time to read this document as it includes important terms which apply to you.
HOW WE USE YOUR PERSONAL INFORMATION
PRODUCTS & ORDERS
If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products. These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this Contract.
Our website will guide you through the steps you need to take to place an order with us. 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. You acknowledge that by placing an order with us you will be under an obligation to pay for the Products in that order.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us, our acceptance of your order will take place as described below.
We will confirm our acceptance to you by sending you an e-mail that confirms the Order has been accepted (“Sales Order Acknowledgement”). The Contract between us will only be formed when we send you the Sales Order Acknowledgement email confirming acceptance. Your Order goes into process as soon as the Sales Order Acknowledgement has been confirmed; the process of allocating or ordering materials to create your Products begins immediately. We ask you to choose carefully, match your colours where necessary and measure any areas you think may be a problem prior to placing your Order.
Responsibility lies exclusively with you for ensuring the accuracy of the details of any Sales Order Acknowledgement (including but not limited to your contact details, delivery address, description and quantity of Products) and for giving us any necessary information within a sufficient time to enable us to successfully deliver the Products to you.
All Products displayed or promoted as being available for sale are subject to availability. If we are unable to supply you with a Product, we will inform you of this by e-mail and we will not process your Order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
All drawings, descriptions, illustrations, samples, weights and dimensions provided on the Website or on other marketing materials are approximate and intended for general guidance purposes only and their accuracy cannot be warranted. Photographs are for illustrative purpose only, and may not exactly match the Product itself. Notwithstanding any pending orders, we reserve the right to alter sizes, specifications and to make any changes or discontinuations to our Products without prior notice.
All advice and/or recommendation provided by our employees as to the orders, Products, prices, delivery, charges, care, maintenance, use which is not confirmed in writing by us is followed or acted upon entirely at your own risk. Consequently, we will not be liable for any such unconfirmed advice or recommendation.
Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. All materials are sold subject to natural variations in colour, markings and texture.
All orders for Bespoke Goods must be specified in writing and are subject to our express acceptance. With respect to Bespoke Goods produced according to your specifications, your submission of any design specifications to us shall constitute an assignment to us of all worldwide rights, titles, and interests in all copyrights, design rights and other intellectual property rights in the specifications and furthermore you shall defend us at your expense and pay all costs and damages of any kind (including our legal fees) incurred by us as the result of any suit or other legal proceeding against us for infringement of any patent, trademarks, copyrights, design rights or other rights by reason of use of such specifications, provided we promptly notify you of such claim of, or suit for, infringement and tender the defence thereof to you. Additionally, at our option, we may be separately represented in any such suit at your own expense also.
PRICES OF PRODUCTS
The prices of the Products will be as quoted on our site at the time you submit your Order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. In relation to Bespoke Goods the price is as stated on the SOA. Any promotions, discounts or special offers displayed will only be applicable for orders placed at the time of such display.
Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process before you confirm your Order. Please note that in relation to Commercial Orders and/or Bespoke Goods an estimate or a quote for delivery charges will be provided, as applicable.
It is always possible that despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you in writing 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. If we are unable to contact you using the contact details you provided during the order process, we will treat the Order as cancelled and notify you in writing. Please note that we shall have the right without any liability whatsoever to refuse or cancel any Order or SOA that states an incorrect price. We shall have the right to refuse or cancel any such Order whether or not the Order has been confirmed and you have paid in part or in full. If a payment has already been made for a cancelled Order then we shall issue a refund of the amount paid. This does not affect your statutory rights.
HOW TO PAY
We accept payment with the payment methods listed on our site. You must pay for the Products and any applicable delivery charges in advance.
By submitting an order to us through our site, you are confirming that the payment details provided on your Order are valid and correct.
DELIVERY AND CHARGES
We will contact you with an estimated delivery date which generally will be within 30 days after the date of the Sales Order Acknowledgement (the date on which we e-mail you to confirm our acceptance of your Order). Although we will make every reasonable effort to ensure your Products are delivered within the estimated timescales, please note that delivery timescales are estimates only and shall not be of the essence; if we are unable to meet the estimated delivery date, we will contact you with a revised estimated delivery date. We shall not be liable for any delay in delivery of the Products howsoever caused. Occasionally our delivery to you may be affected by an Event Outside Our Control, see section below for our responsibilities when this happens.
Delivery of an Order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.
Unless you request to collect the Products from us, your Order will be delivered by one of our own friendly delivery teams. Occasionally we may use a carefully selected third party for the delivery to you. All deliveries will require a signature on delivery.
It is your responsibility to:
- provide adequate delivery instructions and advise at the time of your Order if there are any vehicle size or access restrictions which may affect the delivery;
- provide non-slippery protection for your floors (both for carpets and wooden flooring) from the front door to the final placement of the Products. We cannot carry enough protective sheeting for all our deliveries. We cannot be held responsible for damage to floors or carpets if they are insufficiently protected;
- ensure that the access to the area and the area itself for the Products to be installed is clean and clear of obstruction prior to our arrival. We are not responsible for moving any existing furniture or any other objects. We will not take any unwanted furniture or other objects away for disposal.
Our regular delivery schedules run on Mondays-Fridays. The delivery teams run to a tight schedule and we appreciate your assistance and cooperation in the above.
Delivery charges include installation i.e. assembly of your Product ‘in situ’. Where it is agreed that we shall install the Products, then we will do so as soon as practicable after delivery and usually at the same time as delivery. Except in cases of negligence we will not be liable for any loss or damage suffered by you as a result of us installing the Products or in the event of any delay in installing the Products, for the avoidance of doubt this includes, but is not limited to, any loss of earnings through a cancelled, failed or otherwise unsuccessful scheduled delivery arrangement.
If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
If you are the cause of a failed delivery attempt, either due to failure on your responsibilities above or for any other reason whatsoever, then we reserve the rights to:
- charge you for the unsuccessful delivery attempt; and
- charge you for the costs (including insurance) of storing the Products until actual delivery; and
- charge you for a redelivery, if applicable.
Any charges levied under this clause are for the provision of an extra service and are non-refundable.
If you wish to change the delivery date once it is agreed then please give us no less than 3 business days notice prior to delivery.
We deliver internationally to the following countries (“International Delivery Destinations”): Germany, Italy
If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
The Products will be your responsibility from the time of delivery.
CANCELLATION, RETURNS AND REFUND POLICY
This clause only applies if you are a consumer. If you are a consumer you have a legal right to cancel the Contract between you and us within 14 days of delivery without giving a reason. There is no cancellation right in relation to Commercial Orders unless there is a manufacturing defect or the Products are not as described.
Please note that if you are a consumer the cancellation right does not apply and no refunds will be given in the case of Bespoke Goods (Products specifically personalized and/or tailored to your specifications) unless there is a manufacturing defect or the Products are not as described.
Responsibility for inspecting the Products upon delivery rests solely with you. You shall examine the Products upon delivery and shall promptly (in any event within 14 days of delivery) notify us of any apparent damage, defect or shortages. We shall act promptly to resolve the issues. Your failure to notify us otherwise within 14 days of delivery will result in you being deemed to have accepted the Products. After acceptance you shall not be entitled to reject the Products in return for a refund.
The cancellation period will expire 14 days from the day you (or a third party acting on your behalf) takes physical possession of the Products you ordered. Where you order multiple Products in one order or a Product is delivered in separate parts, the cancellation period will expire 14 days from the day you (or a third party acting on your behalf) takes physical possession of the last Product or part whichever is applicable, that makes up your Order. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.
To cancel the Contract you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at firstname.lastname@example.org or contact by telephone on 02031370327 or by post to Kemp House, 152 – 160 City Road, London, EC1V 2NX. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
If you cancel your Contract with us, we will reimburse you all payments received from you including the cost of delivery.
If you cancel your Contract we will:
- refund you the price you paid for the Products provided the Products are returned in the same condition as delivered to you and have not been used. Please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products.
- make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
- if you have received the Product and we have not arranged to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.
- if you have not received the Product or you have received it and we have arranged to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
We will refund you using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise. Please note that unless the Products are faulty or were not delivered as described you will be responsible for the cost of returning the Products to us including the cost of us collecting the Products from you.
We may make a deduction from any refund (you are entitled to from us) for loss in value of any Products we supply. You are only liable for any diminished value of the Products resulting from the unfair/unreasonable use of the Products. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
In the event of faulty or mis-described Products please notify us within 14 days of delivery and we will (subject to confirmation of the fault), exchange the Products or refund you in full. Products will be exchanged without incurring a collection and re-delivery charge. Please note that we shall not be liable if you continue to use the Products or if you attempt to alter or repair the Products without our written consent.
If you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the Products to us. As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in these Terms.
If a Product has been delivered to you before you decide to cancel your Contract:
- then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back at your own cost or if we have offered to collect the Product from you, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
- unless the Product is faulty or not as described you will be responsible for the cost of returning the Products to us. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.
We provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. Your Products are guaranteed that should any structural or manufacturing fault occur during the warranty period then we will either repair or replace (at our own discretion) the faulty Products free of charge, subject to the conditions set out in this clause. However, this warranty does not apply if any sum owing by you to us has not been paid.
The warranty does not apply to any defect in the Products arising from:
- fair wear and tear;
- wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
- if you fail to operate or use the Products in accordance with the user instructions;
- any alteration or repair by you or by a third party who is not one of our authorised repairers;
- any specification provided by you; and
If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.
In relation to Commercial Order (where the purchaser is a business) nothing in these Terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- defective products under the Consumer Protection Act 1987.
Subject to clause 10.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
Subject to clause 10.1, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid by you for the Products to which the loss or damage you suffered relates.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
If you are a consumer and we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract. The maximum loss or damage we will be responsible for under this clause is limited to the price you have paid us for the Product to which the loss or damage you suffer relates.
If you are a consumer we only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1987.
EVENTS OUTSIDE OUR CONTROL
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 an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
When we refer, in these Terms, to "in writing", this will include e-mail.
If you wish to contact us for any other reason you can contact us by telephoning us at 02031370327 or by e-mailing us at email@example.com
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your Order.
OTHER IMPORTANT TERMS
This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. We both agree that the courts of England and Wales shall have exclusive jurisdiction.
Fill out the above form and email it to firstname.lastname@example.org