Terms & Conditions
Welcome to Heath.
We hope that you will find our website interesting and exciting and will visit us regularly to see what is new. Before using the website, however, you should know there are certain rules which apply.
Terms & Conditions for the sale of Goods via our website
Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. Information about us
www.heathlondon.co.uk is a site operated by H & I Ltd (We or H & I). We are registered in England and Wales under company number 03749171 and have our registered office at Acre House, 11/15 William Road, London, NW1 3ER. Our main trading address is Unit 1C Utopia Village, 7 Chalcot Road, London, NW1 8LH. Our VAT number is 735 67 66 96. We are a limited company.
2. Service availability
We do not accept orders from customers who reside outside England, Scotland and Wales and we only accept orders online from consumers. If you are a business or you would like to order products for commercial purposes, please contact us directly as any contracts for the sale of goods to businesses are covered by a different set of standard terms and conditions of sale.
3. Your status
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old;
(c) you are resident in of the England, Scotland and Wales; and
(d) you are accessing our site from the England, Scotland and Wales.
4. How the contract is formed between you and us
4.1. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us and are subject to availability of the Products and receipt of the payment for the Products in cleared funds. We will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. Consumer cancellation rights
5.1. If you are contracting as a consumer, you have a statutory right to cancel for any reason and receive a full refund. You will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below). Your statutory right to cancel a Contract starts from the date of the Dispatch Confirmation (when the Contract between us is formed). If the Products have been delivered to you, you may cancel at any time within seven working days, starting from the day after you receive the Products. For the purposes of these terms and conditions, “working day” means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
5.2. To cancel a Contract, you must inform us in writing. If the Products have been delivered to you, you must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession.
6. Availability and delivery
6.1. All orders are accepted subject to availability of the Products. If an order cannot be fulfilled, we will offer you an alternative or you will be given a full refund where you have paid for the Products.
6.2. We will process your order on the next working day after the day we receive it. Your order will be shipped via Hermes to addresses in England, Wales and Scotland within 2 working days of the date of the Dispatch Confirmation unless there are exceptional circumstances and usually takes between 4-6 working days. Orders will be delivered on working days. Delivery chares are £3.95 per order and for orders with a value of £30 or over, delivery is free.
7. Risk and title
7.1. The Products will be your responsibility from the time of delivery.
7.2. 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.
8. Price and payment
8.1. The price of the Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2. Product prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
8.3. Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4. 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 normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
8.5. If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
8.6. Payment for all Products must be by credit or debit card. We will charge your credit or debit card before we dispatch your order. We accept all major credit cards except American Express.
9. Our refunds policy
9.1. If you return a Product to us:
(a) if you are contracting as a consumer, because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because you have notified us in accordance with clause 19 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
9.2. We will refund any money received from you, normally by using the same method originally used by you to pay for your purchase.
We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. Heath has made every effort to reproduce colours on our site as accurately as possible. However, different computers and video display terminals reproduce colours in slightly different ways, and so exact colour matches are not yet possible over the Internet. This means that when you order Products from our site, colours may differ from what you see on the screen. For this reason, we cannot guarantee that the Products or the packaging will be exactly as you see it.
11. Our liability to a consumer
11.1. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Contract.
11.2. We only supply the Product for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3. We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples)
(e) defective products under the Consumer Protection Act 1987; and
(f) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
12. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. Notices and communications
All notices given by you to us must be given to Heath or firstname.lastname@example.org. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
14. Transfer of rights and obligations
14.1. We may transfer our rights and obligations under these terms and conditions to another organisation, but that will not affect your rights or our obligations under this Contract.
14.2. You may only transfer your rights and obligations under this Contract if we agree to this in writing.
15. Events outside our control
15.1. 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 events outside our reasonable control (Force Majeure Event).
15.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; 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; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government; and pandemic or epidemic.
15.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
16.2. A waiver by us of any default will not constitute a waiver of any subsequent default.
16.3. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
18. Our contract with you
If you are contracting as a consumer, we intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
19. Our right to vary these terms and conditions
19.1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
19.2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. Law and jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
21. Third party rights
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
Terms of Website Use
Access to our site
Heath has taken care in the preparation of the content of our site, however we cannot guarantee uninterrupted and totally reliable access to our site, and so therefore cannot guarantee that the information will always be completely up-to-date and free of mistakes. We reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Permission is granted to users to electronically copy or print portions of this site for their own personal, non-commercial use. Any other use of materials on this site without Heath’s prior written consent, is strictly prohibited. You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
Linking to and from our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.
We are committed to safeguarding the privacy of our users while providing the highest possible quality of service. We will only use the information that you give us in accordance with the Data Protection Act 1998 (Act).
We use information held about you in the following ways:
- To ensure that content from our site is presented in the most effective manner for you and for your computer.
- To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
- To carry out our obligations arising from any contracts entered into between you and us.
- To notify you about changes to our service.
Managing your data
You have the right to ask us not to process your personal data for marketing purposes. If you do not want to receive email from us in the future, please let us know by amending your details by logging into “My Account” or emailing us at email@example.com. Please provide us with your full name, email address and postal address and we will ensure your name is removed from future emails or mailings lists within 7 days of receipt of your email.
Similarly, if you supply us with your postal address online you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know by amending your details by logging into “My Account” or emailing us at firstname.lastname@example.org. Customers who supply us with their telephone numbers on-line will only be contacted by telephone regarding queries with their online order.
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006 but we will not disclose your personal information to any third parties.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites
Where we store your personal data
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfillment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access and we have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site.
Access to data
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
Site visitors can see or edit their contact information (e.g. name, address, phone number) that we hold about them by visiting and logging into “My Account”.
Site visitors can obtain access to their personal transaction information (e.g. dates on which they made purchases, amounts and types of purchases) by visiting and logging into “My Account”.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post the policy changes to our site to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check our site periodically.
If you feel that this site is not following its stated information policy or if you have any other questions or queries, please contact us by email at email@example.com or by telephone at +44 (0) 20 7483 8383.