1.1 In these Terms and Conditions the following words shall have attributed to them the meanings specified:
(i) "Hampton Bond International" means SkillsClinic Limited of 145-157 St John Street, London, EC1V 4PW, England trading as Hampton Bond International, any connected organisation that actually supplies Goods ordered by the Customer and any successor to its business.
(ii) "Goods" shall mean all goods and services which the Customer agrees to buy from Hampton Bond International including replacements for defective Goods. For the sake of clarification the words ‘Goods’ and ‘item(s)’ are used throughout these Terms and Conditions and refer to the products and services supplied by Hampton Bond International.
(iii) "Contract" shall mean the Contract between Hampton Bond International and the Customer for the sale of Goods by Hampton Bond International to the Customer.
(iv) "Customer" shall mean the person(s), company or any other organisation that purchases or agrees to purchase Goods whether a Consumer Trade or Credit Customer.
(v) "Customer's Registered Address" shall mean the address of the Customer that is already registered with Hampton Bond International or the address registered with the issuing company of any debit or credit card which is used as a means of payment for Goods.
(vi) "Working day" means every day of a calendar year apart from weekends and statutory and public holidays;
2.1 All orders for Goods are accepted by Hampton Bond International subject to these terms and conditions of sale which supersede any other terms and conditions previously published. These constitute the entire understanding between Hampton Bond International and the Customer for the sale of Goods.
2.2 A description of the Goods and the price of Goods is stated on the website of Hampton Bond International.
2.3 Delivery and cancellation rights, and information about Hampton Bond International are set out in these Terms and Conditions.
2.4 These conditions shall apply to all Contracts for sale of Goods by Hampton Bond International to the Customer to the exclusion of all other terms and conditions including any which the Customer may purport to apply under any purchase order, confirmation of order or any such similar document.
2.5 No variation or addition to these Conditions shall be effective unless agreed in writing by Hampton Bond International.
2.6 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Hampton Bond International shall be subject to correction without any liability on the part of Hampton Bond International and without any prior notification. The views and opinions expressed in any sales literature or on social media sites or on the website of Hampton Bond International or other websites are the views of the contributors and should not be taken necessarily as fact or the views of Hampton Bond International.
2.7 Placing an order and or acceptance of delivery of Goods shall be deemed conclusive evidence of the Customer’s acceptance of these Terms and Conditions.
2.8 All descriptions and illustrations contained within the website or documentation provided or any price list or otherwise communicated to the Customer are intended as guidance only and illustrations and descriptions may vary. Hampton Bond International will use its best endeavours to ensure that all descriptions and advice offered are correct, but it is the Customer’s responsibility to ensure that the requirements and expectations and use of the product in the way intended by the Customer can be satisfied by using the product.
2.9 If the description of any Goods which are not directly manufactured by Hampton Bond International contained in any correspondence, invoice or the website varies from that of the manufacturer’s description, then the manufacturer's description will be deemed to be the correct description and shall take precedence over the description assigned by Hampton Bond International.
2.10 If the Customer has a specific purpose in mind when purchasing Goods, Hampton Bond International will not be liable if the Goods are not reasonably fit for that specific intended purpose. Our liability for fitness for the purpose shall be that the Goods supplied will be fit for the purpose of which such Goods are generally supplied and shall not be any more specific than that.
2.11 The responsibility for ensuring that Goods are sufficient and suitable for the Customer's requirements rests with the Customer.
2.12 Hampton Bond International reserves the right to decline to trade with any person(s), company or any other organisation without issuing any reason. Notwithstanding any other provisions of these Terms and Conditions, Hampton Bond International may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by post, email, facsimile or telephone. In the event that Hampton Bond International declines to accept an order in respect of which payment has been received, the full amount of such payment will be refunded.
2.13 Hampton Bond International reserves the right to terminate any Customer account, including online accounts and usernames, without reason.
2.14 By placing an order with Hampton Bond International the Customer agrees to data relating to the transaction being retained and processed by Hampton Bond International in accordance with the Data Protection Act 1998 or any statutory modification thereof. The data so retained will be used by Hampton Bond International for the purpose of accounting and marketing and will not be disclosed to any third party (unless legally required to do so).
2.15 Payments must be received in full by Hampton Bond International when placing an order and Goods will not be supplied until such payments have been made. In the case of payments requiring clearing, such as cheque payments or electronic transfers, such payments will need to be received in full cleared funds by Hampton Bond International before Goods are supplied. In the case of failed Payment or negative security checks the Contract between Hampton Bond International and the Customer shall be subject to cancellation by Hampton Bond International, and Hampton Bond International will have no obligation to supply or deliver the Goods to the Customer, but this is without prejudice to the rights of Hampton Bond International for compensation and/or damages for breach of Contract.
2.16 With prior written agreement and permission, in the event that Hampton Bond International allows supply of Goods prior to payment being received by Hampton Bond International, the Customer shall be required to make full payment in respect of the order by the stipulated payment date stated on the invoice. Failure of the Customer to make payment by the stipulated date on the invoice shall result in the addition of a penalty charge being added to the total amount due, the penalty charge being 20% of the total payment due. With an additional penalty charge being calculated every seven calendar days pro rata to the amount of 20% of the accrued total due, with penalty charge being added weekly until the total amount due is paid.
2.17 Each and every clause and element of clause in these Terms and Conditions shall, so far as reasonably practicable, be construed separately from any other clause or part of clause in these Terms and Conditions and shall if necessary be applied separately.
2.18 For the sake of clarification, in the event that a Customer sends written notice to Hampton Bond International by post or email, it shall only have been deemed delivered where Proof of Delivery is available. Proof of Posting or telephone communications are not acceptable proof of receipt by Hampton Bond International. In the case of emails, proof of delivery of an email by a Customer to Hampton Bond International will be deemed acceptable upon production of a return email reply sent by Hampton Bond International. In the event that Hampton Bond International does not reply to a Customer's email, this is likely because it has not been received.
2.19 Hampton Bond International operate a complaints handling procedure which is used to try to resolve disputes when they first arise. If you have a complaint, please contact the Customer Service Manager at the following address: PO Box 414, Dartford, DA1 9LF (this is a correspondence address only).
2.20 Any contract for purchases made through the Hampton Bond International website will be with Hampton Bond International which is a trading name of SkillsClinic Limited whose registered office is situated at 145-157 St John Street, London, EC1V 4PW, England, Company Number 06310040 and VAT Number GB912180948.
3.1 Hampton Bond International must receive payment of the whole of the price for the Goods that the Customer orders before the order can be accepted, and the contract formed. Payment is not taken until the point of despatch of the Goods to the Customer from the distribution centre. Once payment has been received Hampton Bond International will confirm that the order has been received by sending an email to the Customer at the email address provided by the Customer in their registration form. The shipment email will include the Customer's name, the order number and the total price. The acceptance by Hampton Bond International of the Customer’s order brings into existence a legally binding contract between Hampton Bond International and the Customer on these Terms and Conditions. Any term sought to be imposed by the Customer in the order will not form part of the Contract.
3.2 Hampton Bond International is entitled to withdraw from any Contract in the case of obvious errors or inaccuracies regarding the Goods appearing on the website. If an error or inaccuracy is discovered with regards to the advertised price of the Goods that the Customer has ordered, Hampton Bond International will contact the customer as soon as possible by email. This will be to inform the Customer of the correct price of the Goods, and to ask if the Customer wishes to continue with the order at the amended price, or to cancel the order altogether.
3.3 If Hampton Bond International has insufficient stock to deliver the Goods ordered by the Customer, Hampton Bond International will notify the customer as soon as possible and any sum debited by Hampton Bond International from the Customer will be re-credited to the Customer and Hampton Bond International will notify the Customer by email at the address given by the Customer in the order form. Notwithstanding Clause 8.3 the refund will be made as soon as possible and in any event within 30 days of the order. Hampton Bond International will not be obliged to offer any additional compensation for loss, damages, consequential loss or disappointment suffered.
3.4 Hampton Bond International endeavours to bring customers the best value possible by running special offers, but please remember stocks are limited at the special offer price, and subject to availability. The Hampton Bond International website is updated as quickly as possible to minimise disappointment. The process of updating the website when Goods have sold out at promotional price can take a few hours or days to update.
3.5 Multi-buy offers. Promotions apply to listed Goods only, which are subject to change and availability. If the Customer chooses to purchase an item from a multi-buy offer, but does not purchase enough items to qualify for the special discount, the item will be charged at the normal price. Please note that on 3 for 2 promotions (and other multi-buy offers), the lowest priced item will always be the 'free' item.
4.0 YOUR DETAILS
4.1 When you register with the Hampton Bond International website, you will be required to choose a contact email address and password. You are responsible for all sessions and transactions taken under these details. You should keep your password safe and not disclose it to anyone. You should change it immediately if you feel it has been compromised.
4.2 If any of your details change, such as your debit card or credit card billing address, you must inform Hampton Bond International as soon as possible. You may update your details by signing into your account on the Hampton Bond International website, and update the relevant section.
5.1 Prices of items exclude postage and packing. Costs of postage and packaging are displayed when placing orders. Standard delivery means a delivery method chosen by Hampton Bond International which can take 3-10 working days. Next day delivery means a delivery method chosen by Hampton Bond International which will ensure delivery of the Goods the following working day before 18:00 hours. International delivery can be between 3-28 days depending on postal and courier services and the type of delivery chosen by the Customer.
5.2 The risk of damage to or loss of Goods ordered from Hampton Bond International will pass to the Customer when the Goods are despatched to the Customer from the Hampton Bond International distribution centre.
5.3 The delivery time is calculated from the date Hampton Bond International despatches the Goods and not from the date of order. Delivery will be made as soon as possible after the order is accepted and in any event within 30 days of despatch of the order. All delivery times quoted on the Hampton Bond International website are estimates only, based on availability, normal processing and delivery companies.
5.4 Hampton Bond International will post, or arrange a courier on behalf of the Customer, for the Goods ordered by the Customer for delivery to the person and address given to Hampton Bond International at the time the Customer makes the order. For Goods delivered outside of the EU, the consignee (i.e. the person to whom the consignment is sent) will be the declarant and importer into the country for which the consignment is destined. The consignee will be responsible for both customs clearance and payment of customs duties and local taxes where required.
5.5 If the Customer is ordering Goods for delivery outside of the EU, please note that the consignment may be subject to import duties and taxes, which are levied once the Goods reach the country of destination. Any such charges levied in relation to customs clearance must be borne by the Customer. It is accepted by the Customer that Hampton Bond International has no control over additional charges in relation to customs clearance. Hampton Bond International recommends that you check with your local customs officials or post office for more information regarding importation taxes/duties that may be applicable to the order and the Goods.
5.6 Delivery will be made to the Customer's registered address. Or an alternative address specified during the order process. The Customer shall make the necessary arrangements to take delivery of Goods whenever they are tendered for delivery. Hampton Bond International shall not be liable in any way whatsoever for failure of the Goods to be delivered.
5.7 In the event that a Customer is unable to accept a delivery when such an attempt is made and then the Customer requires re-delivery of Goods from the courier or postal service, then any cost for this re-delivery shall be paid by the Customer.
5.8 In the event that a Customer chooses a standard delivery option for delivery of Goods, Hampton Bond International reserves the right to deliver the goods by an alternative method at its own expense, including but not limited to tracked delivery, signed delivery, courier delivery, next day delivery, recorded delivery.
5.9 The delivery date should be taken as the anticipated date of delivery but it is an estimate only and should not be taken as contractually binding. Whereas Hampton Bond International will make reasonable efforts to deliver Goods on the estimated or confirmed delivery date, Hampton Bond International will not be liable for late delivery.
5.10 Hampton Bond International also reserves the right to deliver Goods before or after the estimated or confirmed delivery date and shall not be in breach of Contract should delivery occur before or after the estimated or confirmed delivery date. In any case, Hampton Bond International shall attempt to deliver the Goods as soon as possible and in any event shall deliver the Goods to the Customer’s delivery address within 30 days after an order is received and accepted.
5.11 Hampton Bond International shall not be liable to compensate the Customer by way of damages or otherwise for non-delivery or late delivery of the Goods or any part of the Goods or for any loss consequential or otherwise arising from non-delivery or late delivery.
5.12 Whilst every reasonable effort shall be made to keep to any estimated or confirmed delivery date, time of delivery shall not be of the essence and Hampton Bond International shall not be liable for any losses, consequential losses, costs, damages or expenses incurred by the Customer or any other person(s), company or organisation, arising directly or indirectly, out of any failure to meet any estimated or confirmed delivery date.
5.13 The Customer must inspect the Goods as soon as reasonably practicable after delivery and shall within seven days of such delivery give notice to Hampton Bond International by email of any damage or defect in the Goods.
5.14 If the Customer fails to give such notice, the Goods shall be conclusively presumed to be in all respects in accordance with the Contract and free from any damage or defect which would be apparent on reasonable examination, and the Customer shall be deemed to have accepted the Goods accordingly.
5.15 Hampton Bond International reserves the right to cancel delivery of any goods where payment by the Customer has not been made in accordance with the Contract and or these Terms and Conditions, or where any security check has proved negative, or where invoice payment has not been agreed in writing prior to the ordering of Goods.
6.0 ORDERING AND CANCELLATIONS
6.1 If the Customer is an individual and is not buying Goods on behalf of a business, there are certain circumstances in which the Customer may cancel the Contract and these are set out here in Clause 6.0 and its subsections. This right to cancel does not apply to business buyers.
6.2 The Customer may cancel the order for Goods at any time up to the end of the seventh working day after the Customer receives the Goods.
6.3 The only circumstance in which the Customer cannot cancel the order is where the Customer has taken the ordered Goods out of the sealed package in which they were delivered.
6.4 To cancel the order the Customer must notify Hampton Bond International and obtain a RMA number, following the procedure set out in these Terms and Conditions.
6.5 If the Customer receives Goods before cancelling the order then, unless the Customer has lost their right to cancel because they have taken the Goods out of their sealed package, the Customer must send the Goods back to Hampton Bond International at the Customer’s own cost and risk, unless the Goods were supplied faulty. If the Customer cancels the order but Hampton Bond International has already processed the Goods for delivery and the Customer receives the Goods, the Customer must not unpack the Goods when they are received and must send the Goods back to Hampton Bond International at the Customer’s your own cost and risk, following the Returns procedure described in these Terms and Conditions.
6.6 Once the Customer has notified Hampton Bond International that the Customer is cancelling the order, any sum debited to Hampton Bond International from the Customer will be re-credited to the Customer as soon as possible and in any event within 30 days of the order date, subject to Clauses 7.0 and 8.0 and their subsections.
7.0 RETURNS (DEFECTIVE GOODS & CANCELLATION)
7.1 The contact details of Hampton Bond International are stated in Clause 21.2 and its subsections
7.2 Notwithstanding Clause 7.26 the Customer is responsible for payment of postage and packaging when returning Goods to Hampton Bond International. The Customer is responsible for insuring the Goods whilst they are in transit to Hampton Bond International.
7.3 In the case of all returns, the Customer will require a Return Merchandise Authorisation number (RMA) before item(s) can be returned to Hampton Bond International. Please request an RMA number by writing to Hampton Bond International by email. In your request for a RMA please include your name, email address, telephone number and also include details of the reason for the return.
7.4 Hampton Bond International reserves the right to attempt to resolve any issue with any of the Goods prior to issuance of a returns RMA number, without affecting the Customer’s Statutory Rights.
7.5 In the event that an RMA number is issued it must be clearly identified on a returns label or the external packaging, and also on the internal documentation when the Goods are returned. No markings should be made on the item(s) or item’s packaging. The internal documentation contained within the returns package should include proof of purchase, and the returned item must be complete, and in 'as new' condition with original packaging, and any additional items originally supplied with the item(s) (including but not limited to free gifts, accessories, instructions, manuals). The original manufacturer’s packaging must not be defaced. Goods, or items therein, not complying with these requirements may be rejected as returns by Hampton Bond International.
7.6 The Customer will be liable for the cost of remedying any damage to the Goods returned where such damage has, in the opinion of Hampton Bond International, been caused by the Goods being inadequately packaged by the Customer or through a fault of the Customer.
7.7 The specific return address for returning the Goods will be supplied to the Customer when an RMA number is issued. This specific return address will be the postal address that the Customer needs to return the Goods to.
7.8 If a Customer returns Goods to any other postal address, other than the specific return address supplied to the Customer by Hampton Bond International, then the Customer will be liable to pay an administration fee.
7.9 The Customer must take all reasonable care to ensure that all returned items be suitably packaged, and that the Goods are protected when being returned. The return package should be shipped in a plain outer box with the return address clearly displayed.
7.10 When returning Goods they must be returned in the condition and packaging as supplied to the Customer without any damage, omission or otherwise.
7.11 The Customer must not remove any labels (including but not limited to Batch Number, Bar Code, Serial Numbers, Security Seals) on the Goods and or on their packaging. If the aforementioned are removed or damaged then Hampton Bond International reserves the right to reject the return or invalidate any warranty or claim to refund or damages by the Customer.
7.12 Notwithstanding Clause 7.13 Goods must be returned by first class post, or recorded delivery, or special delivery, or equivalent, using Royal Mail, with proof of posting retained for each item returned.
7.13 Hampton Bond International shall not be held responsible or liable in any way or form whatsoever for failure to receive returns where there is no Proof of Delivery which specifically means documented evidence by Royal Mail (or equivalent professional courier which must be a recognised registered company) of Hampton Bond International having received the return package. Proof of Posting is not acceptable and only Proof of Delivery shall confirm receipt of the Goods by Hampton Bond International.
7.14 If the Customer fails to return the Goods to Hampton Bond International within seven days of the date of being sent an RMA number, Hampton Bond International shall be entitled to recover the Goods by any means necessary and deduct the cost of so doing from any monies owed to the Customer.
7.15 If the Customer does not return the goods as described in these Terms and Conditions Hampton Bond International may charge the Customer an administration fee.
7.16 Exceptions to Distance Selling Regulations (2000) include but are not limited to the fact that the Customer does not have the right to cancel the Contract under the Distance Selling Act if the Customer is not a consumer. For the sake of clarification if the Customer is a company, partnership, sole trader or any other commercial body, school, library or registered charity, then the Customer does not have a right to cancel the Contract under the Distance Selling Act.
7.17 The delivery service is contracted-out to third party couriers and is a separate contract that is deemed to have begun and been completed before the end of the seven day cooling-off period.
In the Event of Return of Defective (Faulty) Goods
7.18 If you are completely satisfied that you have received defective item(s) in the Goods supplied from Hampton Bond International then you will need to contact Hampton Bond International in order to resolve the defect or return the item(s).
7.19 The Customer should contact Hampton Bond International by email and include the Customer’s name, email address, telephone number and also include details of the defect (including details of the specific item(s) and the actual fault). The contact details of Hampton Bond International for such correspondence are stated in Clause 21.2 and its subsections.
7.20 In the first instance Hampton Bond International will attempt to resolve any defects in the simplest manner. In the event that a defect cannot be resolved simply, the Customer will need to return the item(s) to Hampton Bond International following the Returns procedure described in these Terms and Conditions.
7.21 Defective Goods cannot be returned without obtaining an RMA number from Hampton Bond International as described in Clause 7.3
7.22 When returning defective item(s) the Customer must provide a written description of the defect(s) when returning the Goods. Please note: prior to despatch all Hampton Bond International Goods are inspected to ensure they are intact, not damaged and sold as described.
7.23 When returning Goods because there is a fault, only return defective item(s) within the Goods supplied. RMA numbers are issued for specific items only. Please do not return all the supplied Goods because you believe one item may be defective. This does not affect your rights under the Distance Selling Regulations (2000).
7.24 When returning defective items please include all internal packaging, protective or otherwise.
7.25 When returning defective items, Hampton Bond International reserves the right to request simultaneous return of any free items that may have been supplied with the Goods (including but not limited to free gifts, accessories, instructions, manuals).
7.26 If goods are deemed to be faulty, returns postage maybe refunded to the Customer only if the returns postage does not exceed the cost charged of initially delivering the Goods to the Customer.
7.27 Any claim by the Customer (including but not limited to damages, omissions, defects or errors) which is based on any defect in the quality or condition of the Goods, or their failure to correspond with the specification provided during ordering of the Goods by the Customer, shall (whether or not delivery is refused by the Customer) be notified to Hampton Bond International within seven working days from the day after the date of delivery. If the Customer does not notify Hampton Bond International accordingly within the aforementioned time period, the Customer shall not be entitled to reject the Goods and Hampton Bond International shall have no liability for such defect or failure, and the Customer shall be bound to pay the price as if the Goods had been delivered in accordance with the Terms and Conditions of the Contract.
7.28 Where any valid claim in respect of any of the Goods, or items contained therein, which is based on any defect in the quality or conditions of the Goods or their failure to meet specification, is notified to Hampton Bond International in accordance with these Terms and Conditions, Hampton Bond International shall be entitled to replace the Goods (or any part thereof) free of charge, or at the sole discretion of Hampton Bond International refund to the Customer the price paid for the Goods (or a proportionate part of the price paid), but Hampton Bond International shall have no further liability to the Customer.
7.29 Hampton Bond International shall not give any credit for returned Goods where Hampton Bond International deems the Goods not to be faulty unless otherwise agreed in writing by Hampton Bond International, in which instance Hampton Bond International reserves the right to inspect the Goods at the Customer’s cost, prior to such a written decision.
In the Event of Cancellation of an Order for Goods:
7.30 The Customer can cancel the Contract relating to the order at any time up to the end of seven working days from the day after the date the goods are delivered. The only circumstance in which the Customer cannot cancel the order is where the Customer has taken the ordered Goods out of the sealed package in which they were delivered.
7.31 To exercise such a right of cancellation, the Customer must give written notice to Hampton Bond International by letter or email giving details of the goods ordered and date the delivery was received. Notification by telephone is not acceptable.
7.32 As described in the ‘Returns & General Information’ section of these Terms and Conditions (Clauses 7.0 - 7.17) Hampton Bond International will then issue a RMA number and the Customer will need to return the Goods to the specified return address.
7.33 Reasonable care of the goods must be taken if the Customer cancels the order. The Customer must take all reasonable care to ensure that all returned items be suitably packaged, and that the Goods are protected when being returned. When returning Goods they must be returned in the condition and packaging as supplied to the Customer without any damage, omission or otherwise.
7.34 When Goods are returned, Hampton Bond International reserves the right to request simultaneous return of any free items that may have been supplied with the Goods (including but not limited to free gifts, accessories, instructions, manuals).
7.35 The effective date of cancellation is the date on which the notice is received by Hampton Bond International by letter or email. Such notice shall have been deemed delivered to Hampton Bond International where Proof of Delivery is available, not Proof of Posting or Sending.
8.1 The Customer may have a right to refund of any monies paid in respect of the Goods, excluding delivery charges notwithstanding Clause 7.26, including but not limited to the following circumstances:
(i) If the Customer cancels the Contract (and the Goods are within their sealed and unopened package), or the Goods are proven to have been defective at the time of supply and cannot be reasonably repaired or replaced (whether by new, refurbished Goods or otherwise); and
(ii) The Customer has notified Hampton Bond International in writing within seven working days after the date of delivery giving details of the cancellation or defect; and
(iii) The Customer follows the correct procedure specified in ensuring return of the Goods as described in these Terms and Conditions and any further conditions advised to the Customer by Hampton Bond International.
8.2 Notwithstanding Clause 7.26, and Clause 8.1 and its subsections, after returns are processed, Hampton Bond International will refund the Customer for any sum that has been paid by the Customer for the Goods excluding delivery charges. Any such payment shall be made within 30 days of receipt of returns, or within 30 days of receipt of the Customer’s payment, which ever is later.
8.3 Any refund or monies due to the Customer shall be paid by any method of payment as determined by Hampton Bond International, not necessarily the same method of payment utilised by the Customer when placing the order.
9.0 OWNERSHIP AND RISK
9.1 The risk in Goods shall pass to the Customer upon delivery of the Goods or upon the Goods being appropriated to the Customer but kept at the premises of Hampton Bond International at the Customer’s request.
9.2 Hampton Bond International remains the owner of the Goods affected by the Contract until Hampton Bond International has been paid in full cleared funds for such Goods and all other Goods agreed to be sold by Hampton Bond International to the Customer for which payment is due.
9.3 Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as the fiduciary agent and bailee of Hampton Bond International and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as the property of Hampton Bond International.
9.4 If any payment due under these Terms and Conditions is overdue in whole or in part, Hampton Bond International may without prejudice to any of its other rights recover and or re-sell the Goods or any of them and may enter on the Customer’s premises by its servants or agents to recover the Goods and the Customer shall be liable for all Hampton Bond International costs of so doing.
9.5 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Hampton Bond International, but if the Customer does so, all monies owing by the Customer to Hampton Bond International shall (without prejudice to any other right or remedy of Hampton Bond International) immediately become due and payable.
10.0 LIMITATION OF LIABILITY
10.1 To the extent permitted by law, Hampton Bond International accepts no liability whatsoever or howsoever arising in respect of loss, damage or expense arising from Goods, advice, or errors, whether or not due to Hampton Bond International negligence or that of its employees, agents or sub-contractors.
10.2 To the extent permitted by law, Hampton Bond International shall not be liable to the Customer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of any Contract with the Customer, for any indirect, special or consequential loss or damage (whether for loss of profit or loss of earnings or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Hampton Bond International, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer.
10.3 The entire liability of Hampton Bond International under or in connection with the Contract with the Customer shall not exceed the price of the Goods except as expressly provided in these Terms and Conditions.
10.4 If the Goods Hampton Bond International delivers are not what the Customer ordered or are damaged or defective or the delivery is of an incorrect quantity, Hampton Bond International shall have no liability to the Customer unless the Customer notifies Hampton Bond International of the problem, by email to Hampton Bond International within 7 working days after the date of the delivery of Goods in question.
10.5 If the Customer does not receive Goods ordered within 30 days of the date on which they were despatched, Hampton Bond International shall have no liability to the Customer unless the Customer notifies Hampton Bond International by email of the problem within 35 days of the date on which the Goods were despatched to the Customer.
10.6 If the Customer notifies a problem to Hampton Bond International under this condition, the only obligation for Hampton Bond International will be, at its option, to make good any shortage or non-delivery; to replace or repair any Goods that are damaged or defective; or to issue Hampton Bond International website account credit to the value of the refund due.
10.7 Hampton Bond International will not be liable to the Customer for any indirect or consequential loss or damage arising out of any problem the Customer notifies to Hampton Bond International under this condition and Hampton Bond International shall have no liability to pay any money to the Customer by way of compensation other than reserving its right to refund the amount paid by the Customer, in any way whatsoever, if Hampton Bond International deems this appropriate.
10.8 Nothing in this condition is, however, intended to limit any rights the Customer might have as a consumer under applicable local law
10.9 Nothing in this contract creates any right which is enforceable by any person who is not a party to the contract.
11.0 INDEMNITY AS TO COSTS AND EXPENSES
11.1 In the event that the Customer makes any claim, whether for repair, replacement, refund or damages or otherwise, in respect of the Goods and whether arising from these Terms and Conditions or otherwise, the Customer shall be liable to pay to Hampton Bond International the amount of any costs, expenses, legal fees and disbursements which Hampton Bond International may incur should Hampton Bond International have to expend monies in considering or defending any such claim which is not proved to have been correctly made.
11.2 In the event that the Customer fails to make payment in accordance with these Terms and Conditions or in any other way is in breach of the Contract with Hampton Bond International, the Customer shall be liable to pay to Hampton Bond International monetary compensation for any loss or damages, including consequential loss, loss of business and loss of profits, arising from or in connection with the Customer’s breach of Contract, to include all losses which actually occur whether foreseeable to the Customer or not, and in addition the Customer shall be liable to pay to Hampton Bond International the amount of any costs, expenses, legal fees and disbursements which Hampton Bond International may incur should Hampton Bond International have to expend monies in bringing any claim against the Customer whether in correspondence, through proceedings, enforcement or otherwise.
12.0 FORCE MAJEURE
12.1 Hampton Bond International shall have no liability to the Customer for any failure to deliver Goods ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond its reasonable control.
12.2 Hampton Bond International shall not be liable to the Customer or deemed to be in breach of Contract by reason of any delay in performing, or any failure to perform, any obligations of Hampton Bond International in relation to the Goods, provided that the delay or failure was due to any cause beyond reasonable control of Hampton Bond International. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond reasonable control of Hampton Bond International: Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Hampton Bond International or of a third party); difficulties in obtaining raw materials, supplies, stock, labour, fuel, parts or machinery; power failure or breakdown in machinery.
13.0 CONSUMER PROTECTION
13.1 Nothing contained herein shall affect a Consumer’s rights under the Unfair Contract Terms Act 1977 or any regulations made under it including the Unfair Terms in Consumer Contracts Regulations 1994.
14.1 If the Customer fails to make payment for the Goods in accordance with these Terms and Conditions or permits any other breach of any Contract for sale or if any distress or execution shall be levied upon any of the Customer's goods or if the Customer offers to make any arrangement with its creditors or if any petition in bankruptcy is presented against the Customer or the Customer is unable to pay its debts as they fall due or if any petition in bankruptcy is presented against the Customer or if being a limited company any resolution or petition to wind up the Customer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a Receiver, Administrative Receiver or Manager shall be appointed over the whole or any part of the Customer's business or assets or if any petition for the appointment of any administrator is presented against the Customer or if the Customer shall suffer any actions or proceedings under foreign law, all sums outstanding in respect of the Goods shall become payable immediately.
14.2 Hampton Bond International may in its absolute discretion and without prejudice to any other rights which it may have, suspend all future deliveries of Goods to the Customer and or terminate any Contract without liability upon its part; and or exercise any of its rights pursuant to these Terms and Conditions.
15.1 All headings in these Terms and Conditions are for ease of reference only and shall not affect the construction of any Contract between Hampton Bond International and a Customer.
16.1 Any provision of any Contract with Hampton Bond International which is or may be void or unenforceable (including any provision in which Hampton Bond International excludes its liability to the Customer) shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of any Contract.
17.0 NO WAIVER
17.1 The failure of Hampton Bond International to insist upon strict performance of any provision of these Terms and Conditions shall not be deemed a waiver of its rights or remedies in respect of any present or future default of the Customer in performance or compliance with any of these Terms and Conditions
18.1 These terms and conditions, together with the current Hampton Bond International website prices, delivery details and Hampton Bond International contact details, set out the whole agreement and Contract relating to the supply of the Goods to the Customer by Hampton Bond International. These terms and conditions cannot be varied except in writing signed by a director of Hampton Bond International. In particular nothing said by any sales person on behalf of Hampton Bond International should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Goods offered for sale by Hampton Bond International. Hampton Bond International shall have no liability for any such representation being untrue or misleading.
18.2 The nature of Internet communications means that the Customer’s communications may be susceptible to data corruption, interception and delays. Hampton Bond International shall not be responsible for any detrimental reliance the Customer places on this website or its contents.
18.3 Hampton Bond International is providing its website and its contents (including any downloadable data or software) on an 'as is' basis and makes no representations or warranties of any kind with respect to this website or its contents and disclaims all such representations and warranties, whether express or implied, to the fullest extent permitted by applicable law. In addition, Hampton Bond International makes no representations or warranties about the accuracy, completeness or suitability for any particular purpose of the information and related graphics published in this site or that any software or the server that makes it available are free of viruses or other harmful components.
18.4 The information contained in this website may contain technical inaccuracies or typographical errors. All liability of Hampton Bond International howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by applicable law.
18.5 Neither Hampton Bond International nor any of its Directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site in any way. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
18.6 Hampton Bond International reserves the right amend the price and availability of any Goods at any time.
19.1 The Hampton Bond International website may contain hyperlinks. These hyperlinks connect the Customer to sites of other organisations which are not the responsibility of Hampton Bond International. Hampton Bond International has used all reasonable endeavours in preparing its own website and the information included in it is done so in good faith. However, Hampton Bond International has no control over any of the information the Customer can access via other websites. Therefore, no mention of any organisation, company or individual to which the Hampton Bond International website is linked shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on the part of Hampton Bond International.
20.0 PROMOTIONAL DISCOUNT CODES
20.1 Hampton Bond International may occasionally offer discount codes to customers.
20.2 Discount codes are exclusive of online postage and packaging and can only be used subject to the Terms and Conditions provided with the discount code, namely that the code can be used a defined number of times, in a defined number of transactions. Discount codes cannot be used with any other voucher, coupon or offer. Discount codes can only be used at time of purchase and not retrospectively. Discount codes can only be used on the website of Hampton Bond International. Discounts do not apply to any partner sites. We reserve the right to withdraw codes at any time.
20.3 All discount codes are subject to their own terms and conditions.
21.0 RIGHTS OF THIRD PARTIES
21.1 For the purposes of the Contracts (Rights of Third Parties) Act 1999 it is agreed by Hampton Bond International and the Customer that nothing in any Contract shall confer on any third party any right to enforce or any benefit of any term of any Contract that may be concluded by them.
21.2 The following details for Hampton Bond International maybe updated from time to time and any such updates will be notified on the Hampton Bond International website:
(i) Name of Seller: Hampton Bond International
(iii) Correspondence address of Seller: PO Box 414, Dartford, DA1 9LF
23.0 USERS AGED 16 AND UNDER
23.1 If you are aged 16 or under, please get your parent/guardian’s permission before accessing the Hampton Bond International website. Users without this consent are not allowed to access the website.
24.0 VARIATION TO TERMS AND CONDITIONS
24.1 These Terms and Conditions will be updated from time to time and any such updates will be made clear on the website of Hampton Bond International.
24.2 The latest Terms and Condition will be valid and legally binding, and will replace any previous Terms and Conditions.
25.1 All Contracts between Hampton Bond International and the Customer shall be governed by and interpreted in accordance with English Law and both Hampton Bond International and the Customer submits to the exclusive jurisdiction of any competent Court in England.