01243 372988
Terms and Conditions

Terms and Conditions


These terms and conditions form the basis on which you can visit us and our website.  Please read them carefully
as they contain important information.
 

General terms and conditions

 
This site is owned and operated by Hawthorn Electrics of 579 Southleigh Road, Emsworth, Hampshire, UK. If you
have any queries about these terms and conditions or if you have any comments or complaints on or about our
website, you can contact us at info@hawthornshop.co.uk or 01243 372988.
We have two sets of terms and conditions, the first set relates to the purchase of goods from us via our website
and the second set relates to the provision of electrical contracting work in your home or business premises.
 
 

Terms and Conditions for Purchase of Goods on our Website

 
1.         The contract between us
 
We must receive payment of the whole of the price for the goods that you order before your order can be accepted.
Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted
by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.
 
2.         Acknowledgement of your order
 
   To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by
e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this
correspondence does not constitute a contract between us.
 
3.         Ownership of rights
 
All rights, including copyright, in this website are owned by or licensed to Hawthorn Electrics. Any use  of this
website or its contents, including copying or storing it or them in whole or part, other than for your own personal,
non-commercial use, is prohibited without our permission. You may not modify, distribute or re-post anything on this
website for any purpose.
 
4.         Accuracy of content
 
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are
correct at the time of publishing and that all goods have been described accurately. However, orders will only be
processed if there are no material errors in the description of the goods or their prices as advertised on this website.
Any weights, dimensions and capacities given about the goods are approximate only.
 
5.         Damage to your computer
 
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of
this website or any websites accessible through it will not cause damage to your computer. It is your responsibility
to ensure that the right equipment is available to use the website. Except in the case of negligence on our part,
we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of
using this website.
 
6.         Availability
 
All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock,
we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until
the item is available from stock or to cancel your order.
 
7.         Ordering errors
 
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering
process.
 
8.         Price
 
The prices payable for goods that you order are as set out on our website. All prices are inclusive of VAT at the
current rates and are correct at the time of entering information.
 
Where it is not possible to accept your order to buy goods of the specification and description at the price indicated,
we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in
the email and will state in the email the period for which the offer or the price remains valid.
 
9.         Payment terms
 
   We will take payment upon receipt of your order from your credit or debit card. We accept no liability if a delivery
is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the
goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does
not affect any other rights we may have.
 
10.       Delivery charges
 
Delivery charges vary according to the type of goods ordered.
 
11.       Delivery
 
11.1     Our delivery charges are set out on the following page of our website
http://www.hawthornshop.co.uk/delivery-19-w.asp

 
11.2    Intentionally Blank
 
11.3     Please note that we are only able to deliver to addresses within the United Kingdom and some other parts
of the world all as detailed on the delivery charges page.
 
11.4     We will deliver the goods to the address you specify for delivery in your order. It is important that this address
is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot
accept any liability for any loss or damage to the goods once they have been delivered in accordance with your
delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted
for delivery but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim
to deliver your goods within 30 days from the day after the day we received your order. If delivery is delayed beyond
this time, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.
 
11.5     You will become the owner of the goods you have ordered when they have been delivered to you. Once
goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or
destruction.
 
12.       Risk and ownership
 
   Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to use your own
courier then the risk passes to you as soon as the goods are handed to your courier. You will only own the goods
once they have been successfully delivered.
 
13.       Cancellation rights
 
13.1     Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
SI 2013/3134
you have the legal right to cancel your order up to 14 calendar  days after the day on which you receive
your goods (with the exception of any made to order items). You do not need to give us any reason for cancelling your
contract nor will you have to pay any penalty.
 
13.2     Should you wish to cancel your order, you can use the cancellation form provided at the end of these terms
and conditions, or alternatively you can notify us in writing by any durable medium (for example letter sent by post,
fax or e-mail).
 
13.2     You cannot cancel your contract if the goods you have ordered are bespoke (i.e. made to order), newspapers
or magazines or if you have taken any audio or video recording or computer software out of the sealed package in
which it was delivered to you.
 
13.3     If you have received the goods before you cancel your contract then you must send the goods back to our
contact address at your own cost and risk. If you cancel your contract but we have already processed the goods
for delivery, you should not unpack the goods when they are received by you and you must send the goods back
to us at our contact address at your own cost and risk as soon as possible.
 
13.4     Once you have notified us that you are cancelling your contract, and we have either received the goods
back or, if earlier, received evidence that you have sent the goods back, we will refund any sum debited by us from
your credit or debit card within 14 calendar days.
 
13.5     We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is
the result of unnecessary handling by you (for example using or wearing the goods prior to cancellation)
 
14.       Cancellation by us
 
14.1     We reserve the right not to process your order if:
 
14.1.1  We have insufficient stock to deliver the goods you have ordered;
14.1.2  We do not deliver to your area; or
14.1.3  One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an
error in the pricing information received by us from our suppliers.
 
14.2     If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your
account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.
 
15.       Liability
 
15.1     Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which
you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11),
we will provide you with a full refund.
 
15.2     We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms
and conditions.  We do not accept liability if we are prevented or delayed from complying with our obligations set out
in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails
to do, or is due to events which are beyond our reasonable control.
 
15.3     Furthermore, we do not accept liability for any losses related to any business of yours including but not limited
to: lost data, lost profits, lost revenues or business interruption.
 
15.4     You must observe and comply with all applicable regulations and legislation, including obtaining all necessary
customs, import or other permits to purchase goods from our site.  The importation or exportation of certain of our
goods to you may be prohibited by certain national laws.  We make no representation and accept no liability in
respect of the export or import of the goods you purchase.
 
15.5     Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might
have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to
exclude or limit our liability to you for any death or personal injury resulting from our negligence.   You have certain
rights as a consumer including legal rights (e.g. under the Sale of Goods Act 1979 (as amended)) relating to faulty
and/or mis-described goods.
 
 
16.       Notices
 
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and
sent to our contact address at 579 Southleigh Road, Emsworth, Hampshire, PO10 7TE, United Kingdom and all
notices from us to you will be displayed on our website from time to time.
 
17.       Changes to legal notices
 
We reserve the right to change these terms and conditions from time to time and you should look through them
as often as possible.
 
18.       Law, jurisdiction and language
 
This website, any content contained therein and any contract brought into being as a result of usage of this website
are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the
exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
 
19.       Invalidity
 
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability
to you) the enforceability of any other part of these conditions will not be affected.
 
20.       Privacy
 
You acknowledge and agree to be bound by the terms of our privacy policy.
 
21.       Third party rights
 
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

 
 

Terms and Conditions for Electrical Contracting and Electrician Services

Below are the terms and conditions that will be applied whenever our electricians services are engaged.

Hawthorn Electrics - Terms And Conditions - Terms and Conditions of our Electrical Contracting Services.

Any quotation or estimate is subject to written confirmation of your order to proceed with the works.

Any order placed upon us for works shall imply acceptance as conditions of any contract whether verbal or written, without exception all of the conditions set out below.

Both parties must agree any variation of them in writing.

1. PRICE
a) The price quoted is strictly net.
b) The price is based on prices for materials and rates of labour ruling at the date of acceptance of the quotation or estimate. The quotation or estimate is based upon the work being executed during the recognized working hours for the industry.
c) We reserve the right to amend the price at any time to meet any variations in the cost of materials or of labour either before or after acceptance of the quotation or estimate.

2. VARIATIONS AND ADJUSTMENTS
a) Unless otherwise stated the price does not cover any works by other trades: nor any fees incidental to the work and compulsorily payable by reason of any legislation or any bylaw or regulation of any appropriate authority.
b) The value of any variations to the work included in the quotation or estimate authorized by you, whether by addition, omission or substitution of any work, shall be agreed wherever practicable before the variation is to be effected. The value of all variations shall be added to, or deducted from, the price stated in the quotation or estimate.
c) Authorized overtime working to be an additional charge at the overtime rates ruling at the date of such work being carried out.
d) Any defects or deficiencies found in the structure, premises or system which require to be attended to for the satisfactory completion of the quotation or estimate works, or which may be necessary in order to comply with any bylaw, regulation or statute, and which are not already taken into account in the quotation or estimate, shall be charged extra.

3. PAYMENT
a) Payment shall become due forthwith upon the submission of a final account following the completion of the works, which are the subject of the quotation or estimate. Where the period for the completion of the works exceeds 2 weeks, arrangements shall be made for interim or stage payments.
b) Payment shall not be delayed on account of the work of any other trade, which may simultaneously be engaged upon the site or premises.
c) We reserve the right to charge interest on overdue amounts exceeding any credit periods agreed, interest will be calculated daily at 2% above Barclays base rate.
 
4. COMPLETION
a) The contract completion date is subject to our receiving as required all necessary instructions for the progress of the work and to compliance by you of interim or stage payment where the period for the completion of the works exceeds 2 weeks.
b) We shall not be held responsible for any delay loss or damage, consequential or otherwise caused by additions or variations to the quotation or estimate works or by war, strike, lockout, fire, accident, civil commotion, inclement weather or any cause beyond our control.

5. MATERIALS, EOUIPMENT ETC.
a) All materials delivered to the site or property of the customer by us or to our order remain our property until payment shall have been made in full.
b) All completed works, fixed or unfixed materials or equipment shall be the customer's responsibility and the cost of replacement and or reinstating or restoring any such works shall be charged as an extra, save that the customer shall not be responsible for any loss or damage to the said works or equipment occasioned by the negligence of our employees.

6. INSURANCE
a) The customer shall satisfy himself that he is adequately covered by insurance against loss or damage by fire, explosion or other risks arising out of and during the progress of the quotation or estimate works.
b) Unless otherwise stated we shall not be liable for loss or damage to the works, materials on the site or premises, or to any property of the customer.
c) We shall not be liable for any claim whether brought against the customer or against us under any statute or at common law by any person arising from any cause other than by our default or negligence or that of our employees.

7. DRAWINGS, ETC.
a) All drawings, illustrations, descriptive material, etc. which may be submitted with this quotation or estimate shall be regarded merely as a guide and shall not be binding as to detail.
b) No warranty is to be implied that goods and fitments to be supplied will exactly correspond to those specified. If it becomes necessary to modify the specification and/or substitute other materials for those which may have been stated in the quotation or estimate the contract price shall be adjusted accordingly
c) We accept no responsibility for any drawing, design or specification not prepared by us.

8. DEFECTS
a) We shall not be liable for any loss or damage, direct or indirect, nor for any extra work entailed due to the appliance, installation or system being put into operation before it is handed over for beneficial use.
b) We will make defects, which may appear within three months of the completion of the quotation or estimate works if proved to arise from workmanship or materials not in accordance with the quotation or estimate, good at our cost. Notice of such defects must be given to us in writing before the expiry of the period stated.

9 HEALTH AND SAFETY
a) It is deemed that all areas are free of asbestos. However should this not be the case a clear definition of areas and procedure must be provided to enable the contract to continue. Any variation to contract as a result may be subject to additional costs.

 

10.    CANCELLATION RIGHTS

10.1    Where you are a consumer as defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134  you have the legal right to cancel your order up to 14 calendar days after the day on which the contract is entered into (the Cancellation Period).  You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty (unless we have begun the services within the Cancellation Period in accordance with clause 10.5)

10.2    The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 do not apply if the services you have ordered are of a gambling, banking, credit, insurance, personal pension, investment or payment nature.     

10.3    In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134  you cannot cancel your contract if the services you have ordered are passenger transport services, services (other than the supply of water, gas, electricity or heating) for which the price is dependent on fluctuations in the financial market, urgent repairs or maintenance where you have specifically requested a visit, accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities  (if the contract provides for a specific date or period of performance).

10.4    Should you wish to cancel your order, you can use the cancellation form provided at the end of these terms and conditions, or alternatively you can notify us by any other clear statement.

10.5    If you require us to begin the services within the Cancellation Period we require you to make an express request to do so.  In such cases, your right to cancel continues until either the end of the Cancellation Period, or the completion of the services, whichever is the earlier.  If you cancel during the Cancellation Period we may charge you for any services provided up until the point when we receive your cancellation notice, and will provide a partial and proportionate refund accordingly.  Your right to cancel the services will no longer apply once the services have been fully performed.

11.    CANCELLATION BY US

11.1    We reserve the right not to process your order if:

11.1.1    We have insufficient staff or resources to deliver the services you have ordered;

11.1.2    We do not provide services to your area; or

11.1.3    One or more of the services you ordered was listed at an incorrect price due to a typographical error.

11.2    If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.


12. GENERAL
The foregoing Conditions shall apply to all orders, subsequently placed with us in connection with the quotation or estimate works unless otherwise agreed in writing.
Terms and Conditions (Supplementary)



CANCELLATION FORM
 
To Hawthorn Electrics
579 Southleigh Road, Emsworth, Hampshire, PO10 7TE, United Kingdom
Telephone: 01243 372988
email: info@hawthornshop.co.uk
 
I/We* hereby give you notice that I/We* cancel my/our* contract for the sale of the following goods*/for the supply of the following service*:
 
Ordered on*/Received on*:
 
Name of consumer(s):
 
Address of consumer(s):
 
Signature of consumer(s): (only if this form is notified on paper)
 
Date:
 
*Delete as appropriate
 


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