1.1. These are the terms and conditions on which we supply products to you.
1.2. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2.1. We are Herring Shoes Limited a company registered in England and Wales. Our company registration number is 03919412 and our registered office is at Unit 6, Old Station Yard Industrial Estate, Kingsbridge, Devon TQ7 1ES.
2.2. You can contact us by telephoning our customer service team at +44(0)1548 854886 or by writing to us at firstname.lastname@example.org.
2.3. 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.
2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3.1. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.1. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
5.1. If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7 - Your rights to end the contract).
6.1. The costs of delivery will be as displayed to you on our website.
6.2. During the order process we will let you know when we will provide the products to you.
6.3. 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.
6.4. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
6.5. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
6.6. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
6.7. You will own the product once we have received payment in full.
6.8. If you do not pay us for the products when you are supposed to (see clause 11.4) and you still do not make payment within 10 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 11.6).
7.1. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
7.1.1. if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 10;
7.1.2. if you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
7.1.3. if you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
7.1.4. in all other cases (if we are not at fault and there is no right to change your mind).
7.2. If you are ending a contract for a reason set out at 7.2.1 to 7.2.3 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
7.2.1. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
7.2.3. there is a risk that supply of the products may be significantly delayed because of events outside our control;
7.2.4. you have a legal right to end the contract because of something we have done wrong.
7.3. For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 Please note, these terms reflect the goodwill guarantee offered by Herring Shoes to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. Please click here for full details of our Returns Policy. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 10.2):
|Right under the Consumer Contracts Regulations 2013||How our goodwill guarantee is more generous|
|14 day period to change your mind.||28 day period to change your mind.|
|Consumer to pay costs of return.||In the UK we offer FREE RETURNS|
7.5. You have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
8.1. To end the contract with us, please let us know by doing one of the following:
8.1.1. Phone or email. Call customer services on +44(0)1548 854886 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.1.2. Online or by Post. Complete the return form included in your parcel. If this is lost or missing you can download and print this return form.
8.2. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Returns Department, Herring Shoes Ltd, Old Station Yard, Kingsbridge, Devon TQ7 1ES or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on +44(0)1548 854886 or email us at firstname.lastname@example.org for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
8.3. We will pay the costs of return:
8.3.1. if the products are faulty or misdescribed;
8.3.2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
8.3.3. if you are exercising your right to change your mind.
8.3.4. In all other circumstances you must pay the costs of return unless we have provided a free return label with your shipment or we are legally obliged to offer a free return by country specific legislation.
8.4. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.5. If you are exercising your right to change your mind:
8.5.1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
8.5.2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3 - 5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.6. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
8.6.1. your refund will be made within 14 days from 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. For information about how to return a product to us, see clause 8.2;
8.6.2. in all other cases, your refund will be made within 14 days of your telling us you have changed your mind
9.1. We may end the contract for a product at any time by writing to you if:
9.2. you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due;
9.3. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
9.4. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
10.1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +44(0)1548 854886 or write to us at email@example.com or by post to Herring Shoes Ltd, Old Station Yard, Kingsbridge, Devon TQ7 1ES. Alternatively, please speak to one of our staff in-store.
10.2. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on +44(0)1548 854886, email us at firstname.lastname@example.org for a return label or to arrange collection.
11.1. The price of the product (which includes VAT where applicable) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.4. We accept payment with Visa, Mastercard, American Express, Discover, Paypal, AmazonPay and ApplePay. When you must pay depends on what product you are buying:
11.5. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
11.6. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13.1. We may transfer our rights and obligations under these terms to another organisation.
13.2. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
13.3. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms 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.
13.4. 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, 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
13.5. Which laws apply to this contract and where you may bring legal proceedings. These terms 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.
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