Terms and Conditions

PLEASE TAKE TIME TO READ THESE TERMS AND CONDITIONS

Heartwarmers Limited  Privacy Policy and Terms and Conditions

This privacy policy sets out how Heartwarmers Ltd uses and protects any information that you give when you use our website.

Heartwarmers Ltd is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using our website, then you can be assured that it will only be used in accordance with this privacy statement.

Information we may collect

We collect personal information from visitors to our site, such as your name, address and email address so that you can register with our site and create an account or receive communications from us. We may also keep a record of orders placed with us and the products you have purchased from our site.

Where we store your personal data

All the personal information we collect is stored securely on our servers and sensitive information is sent and received using high level encryption.

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 and any transmissions at your own risk. By browsing our site and communicating electronically with us, you acknowledge our processing of personal information in this way. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

We use the personal information collected via our site for the purposes of: Carrying out our obligations arising from any contracts entered into between you and us: Notifying you about changes to our products and services: Dealing with your inquiries and requests: Processing your orders and payments: Administering accounts and providing you with information and news about our products and special offers by email or post.

Access to information and security

The act gives you the right to access the personal information we hold about you. To obtain a copy of the personal information we hold about you please contact us.

Secure Payment Methods

• All website payments are fully protected by secure servers.

•Your details will never be accessible to any third party.

•Your card details will not be kept on file and will only be used for payment for your order through fully secure servers.

• All financial information is fully encrypted.

• All major credit or debit cards, except Diners Club and American Express are accepted.

•Cheques or Postal orders drawn on UK Banks in GBP Sterling accepted.

Data Protection

• We will not distribute your personal details to any third party.

• All your personal details will remain 100% confidential.

• We conform to the requirements of the UK Data Protection Act 1998.

Currencies

• We process payments in Pounds Sterling (GBP) and United States Dollars (USD).

•Your credit/debit card will be charged the amount shown in your chosen currency. Our default currency is Pounds Sterling (GBP).

•Your card provider will convert the amount into your local currency. Any additional charges made by your card provider are your responsibility

Minimum Order

          There is no minimum order condition but customers should note the added delivery charges which will be incurred for deliveries with an invoice value below £300.00 for deliveries within mainland United Kingdom (excluding the Scottish Highlands.) See paragraph 4 below.

Your Heartwarmers Ltd Order

Upon receipt of your initial order or enquiry you will be allocated a customer account number. Please have this ready when placing any future order. Be sure to include your account number on your cheque when remitting payment.

Payment Terms

3.1       All new customer accounts will be operated on a payment with order basis until terms of credit are approved and established.

3.2       Credit applications are available on request. Processing time is approximately 3-4 days.

3.3       Any credit customer who fails to meet the net 30 day payment date afforded to credit customers will return to payment with order status.

3.4       In the event that any cheque from a customer is not honoured on presentation by Heartwarmers Ltd a £20.00 fee will be charged to the customer’s account and will be due and payable immediately to Heartwarmers Ltd and the customer’s account will revert to payment with order status.

3.5       If for any reason payment is not received by the due date, a monthly service charge of 1.5% of the invoice value will be charged to the customer’s account and will be due and payable                

Shipping

4.1       Orders with an invoice value of £300 and above to be delivered to a destination within mainland England, Scotland (excluding the Scottish Highlands),and Wales (“Category A destinations”) and orders with an invoice value of £350 and above for destinations within the Scottish Highlands, off-shore Islands within Great Britain, the Channel Islands,N Ireland and Eire (“Category B destinations”) will not incur shipping or delivery charges.

4.2       Orders with an invoice value below the sums mentioned above will incur a delivery charge of £15.00 for every shipment made to destinations within Category  A and a charge of £20.00 per shipment to destinations within Category B.

4.3       Delivery charges to other destinations will be supplied on request.

4.4       Deliveries to Category A destinations will (if processed before 11:00am on any working day) be delivered the next working day and deliveries to Category B destinations will be made within 3-5 working days.

4.5       Every effort to deliver products ordered within the above estimated timescales will be made, however delays are occasionally inevitable due to unforeseencircumstances and factors and Heartwarrmers Ltd shall be under no liability for any delay or failure to deliver within the estimated timescales.

Warranties

5.1       Subject to the other provisions of these Conditions Heartwarmers Ltd warrants that on delivery the goods:-

5.1.1    will be of satisfactory quality within the meaning of the Sale of Goods Act 1979;

5.1.2    (if applicable) will correspond with their specification

5.2       Heartwarmers Ltd shall not be liable for a breach of either of the warranties in Condition5.1 unless:-

5.2.1    the customer gives written notice of the defect to Heartwarmers Ltd, and, if the defect is as a result of damage in transit, to the carrier, within 7 days of delivery or, in case of a defect not apparent on reasonable inspection, within 14 days of the customer’s becoming aware of the defect; and

5.2.2    HeartwarmersLtd is given a reasonable opportunity after receiving the notice of examining such goods and the customer (if asked to do so by Heartwarmers Ltd) returns such goods to Heartwarmers Ltd’s place of business at Heartwarmers Ltd’s cost for the examination to take place there.

5.3       Heartwarmers Ltd shall not be liable for a breach of either of the warranties in Condition5.1 if:-

5.3.1    the customer makes any further use of such goods after giving notice in accordance with Condition 5.2; or

5.3.2    the defect arises by reason of fair wear and tear, wilful damage, failure of the customer to take reasonable precautions as to the storage use or maintenance of the goods; or

5.3.3    the customer alters or repairs the goods; or

5.3.4    the customer has not paid for the goods in accordance with these terms and conditions.

5.4       Subject to Conditions 5.2 and 5.3, if any of the goods do not conform with either of the warranties in Condition 5.1 Heartwarmers Ltd shall at its option repair or replace such goods (or the defective part) or refund the price of such goods at the pro rata contract rate provided that, if Heartwarmers Ltd so requests, the customer shall, at Heartwarmers Ltd’s expense, return the goods (or the part of such goods which is defective) to Heartwarmers Ltd. If Heartwarmers Ltd complies with Condition 5.4 it shall have no further liability for a breach of either of the warranties in Condition 5.1 in respect of such goods.

Limitation of liability

6.1       Subject to Conditions 4.5 and 5, the following provisions set out the entire financialliability of Heartwarmers Ltd (including any liability for the acts oromissions of its employees, agents and sub-contractors) to the customer inrespect of:-

6.1.1    any breach of these Conditions;

6.1.2    any use made or resale by the customer of any of the goods; and

6.1.3   any representation, statement or tortuous act or omission including negligence arising under or in connection with the contract.

6.2       All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the contract.

6.3       Nothing in these Conditions excludes or limits the liability of Heartwarmers Ltd:-

6.3.1    for death or personal injury caused by Heartwarmers Ltd’s negligence; or

6.3.2    undersection 2(3) of the Consumer Protection Act 1987 (if the same is applicable to the transaction); or

6.3.3    for any matter which it would be illegal for Heartwarmers Ltd to exclude or attempt to exclude its liability; or

6.3.4    for fraud or fraudulent misrepresentation.

6.4       Subjectto Conditions 6.2 and 6.3:-

6.4.1    Heartwarmers Ltd’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the price payable under the contract; and

6.4.2    Heartwarmers Ltd shall not be liable to the customer for loss of profit, loss of business or depletion of goodwill in each case whether direct, indirect or consequential,or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the contract.

Force Majeure

7.1       Heartwarmers Ltd reserves the right to defer the date of delivery or to cancel the contractor reduce the volume of the goods ordered by the customer (without liability to the customer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Heartwarmers Ltd including, without limitation, acts of God, governmental actions, war ornational emergency, acts of terrorism, protests, riot, civil commotion, fire,explosion, flood, epidemic, lock-outs, strikes or other labour disputes(whether or not relating to Heartwarmers Ltd’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 90 days, the customer shall be entitled to give notice in writing to Heartwarmers Ltd to terminate the contract.

7.2       If the customer shall terminate the contract pursuant to Condition 7.1Heartwarmers Ltd shall be entitled to be paid for any part of the goods which have been delivered pursuant to the contract.

Special notes about Heartwarmers Limited products

8.1       The customer shall not remove from any goods supplied under this contract any country of origin sticker attached to any of the goods.

8.2       All prices, policies and terms, are subject to change without notice.

8.3       All prices are wholesale and exclusive of Value Added Tax and any other applicable sales tax.

Changes to our Privacy Policy

Heartwarmers Ltd may change this policy from time to time by updating this page and where appropriate, notified to you by email.

You should check this page from time to time to ensure that you are happy with any changes.

Mistakes can happen

Heartwarmers Ltd make every attempt to avoid errors in pricing and product information. If a mistake occurs, Heartwarmers Ltd reserve the right to correct it, and apologises for the inconvenience.

Questions

If you have any questions or queries please contact Heartwarmers Ltd (Reg.No.04722640), Unit A3, Demesne Drive, Stalybridge, Cheshire SK15 2QF