These Terms will apply to any contract between us for the sale of Products to you (“Contract”) to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7 . Every time you wish to order Products or otherwise use our site, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 14-03-13.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the websites www.shop.herbert.co.uk, www.herbertgroup.com, www.herbert.co.uk, www.koamtac.co.uk and flexobility.co.uk. We are HERBERT RETAIL LIMITED, a company registered in England under company number 00103897 and with our registered office at 18 Rookwood Way, Haverhill, Suffolk CB9 8PD. [We [also] trade under the name “KoamTac UK” and our main trading address is 18 Rookwood Way, Haverhill, Suffolk CB9 8PD.
1.2 To contact us, please see our ‘Contact Us’ page
2. Placing an order
2.1 You can purchase our Products by proceeding through our secure checkout pages. Alternatively you can call and place an order by calling 01440 711400 and asking for our Sales team.
2.2 You need to sign-up with an account to purchase online
2.3 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order before it is processed.
2.4 Your order constitutes an offer by you to purchase the Goods in accordance with these Terms. You are responsible for ensuring that the terms of the order and any applicable specification are complete and accurate. You are also responsible for ensuring that these are adequately communicated to us.
2.5 After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 2.6.
2.6 We will confirm our acceptance to you by sending you an email (“Confirmation Email”). The Contract between us will only be formed when we send you the Confirmation Email.
2.7 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 11.5, we will inform you of this by email and we will not process your order. If you have already paid for the Product, we will refund you the full amount as soon as possible.
3. Our Products
3.1 Any samples, drawings, descriptive matter, or advertising produced by us and any descriptions or illustrations contained in our catalogues, brochures or produced on our site are produced for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract or have any contractual force.
3.2 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
3.3 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 10% tolerance.
3.4 The packaging of the Products may vary from that shown on images on our site.
3.5If applicable, we will make the Products according to the measurements you provide us.
3.6 To the extent that the Products are to be manufactured in accordance with a specification supplied by you, you shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and otherprofessional costs and expenses) suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with our use of such specification. This clause 3.6 shall survive termination of the Contract.
3.7 We reserve the right to amend the specification of the Products if required by any applicable statutory or regulatory requirements.
3.8 All Products shown on our site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order.
3.9Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
4. Use of our site
Your use of our site is governed by our Terms of website use . Please take the time to read these, as they include important terms which apply to you.
5. How we use your personal information
6. About You
6.1 You confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
7. Our right to vary these terms
7.1 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
7.2 Every time you order Products from us, and confirm your acceptance to the Terms by entering your login details, the Terms in force at the time you submit your order will apply to the Contract between you and us, unless any change to those policies or the Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Confirmation Email (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven (7) working days of receipt by you of the Product).
7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
8.1 We warrant that on delivery, and for a period of twelve (12) months from the date of delivery (“Warranty Period”), the Products shall:
(a) conform in all material respects with their description and any applicable specification;
(b) be free from material defects in design, material and workmanship; and
(c) be fit for any purpose held out by us.
8.2 Extended warranty periods might be available for some Products. Please call and discuss options with us prior to ordering online: 01440 711400 (Sales). There is no option to purchase an extended warranty online.
8.3 Subject to clause 8.1 if:
(a) you give notice in writing to us during the Warranty Period within a reasonable time of discovery that some or all of the Products do not comply with the warranty set out in clause 8.1
(b) we are given a reasonable opportunity of examining such Products; and
(c) you (if asked to do so by us) return such Products to our place of business at the your cost,we shall, at our option, repair or replace the defective Products, or refund the price of the defective Products in full.
8.4 We shall not be liable for a Product’s failure to comply with the warranty set out in clause 8.1 in any of the following events:
(a) you make any further use of such Products after giving notice in accordance with clause
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Products or (if there are none) good trade practice regarding the same;
(c) the defect arises as a result of us following any drawing, design or specification supplied by you;
(d) you alter or repair such Products without our written consent;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(f) the Products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
8.5 Except as provided in this clause 8, we shall have no liability to you in respect of the Product’s failure to comply with the warranty set out in 8.1
8.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
8.7These Terms shall apply to any repaired or replacement Products supplied by us.
9. TITLE AND RISK
9.1 The risk in the Products shall pass to you on completion of delivery.
9.2 Title to the Products shall not pass to you until we have received payment in full (in cash or cleared funds) for the Products
9.3Until title to the Products has passed to you, you shall:
(a) hold the Products on a fiduciary basis as our bailee;
(b) store the Products separately from all other goods held by you so that they remain readily identifiable as our property;
(c) not remove, deface or obscure any identifying mark or packaging on or relating to the Products;
(d) maintain the Products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery; and
(e) give us such information relating to the Products as we may require from time to time,
but you may use the Products in the ordinary course of your business.
9.4 If before title to the Products pass to you, you become subject to any event of insolvency, or we reasonably believe that any such event is about to happen and notify you accordingly, then, without limiting any other right or remedy we may have, we may at any time require you to deliver up the Products and, if you fail to do so promptly, enter any of your premises or premises of any third party where the Products are stored in order to recover them.
10.1 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will try to deliver your order by the estimated delivery date set out in the Confirmation Email, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
10.2 If you wish to change the delivery date set out in the Confirmation Email, this must be made by contacting the Customer Service Team by telephone on 01440 711400 between 8:30am and 5:00pm Monday to Friday (except for bank holidays).
10.3 We shall provide a delivery note with each delivery, which shows the date of the order, any relevant reference numbers, the type and quantity of Products and any special storage or usage instructions.
10.4 Delivery will be completed when we deliver the Products to the address you gave us.
10.5 The Products will be your responsibility from the completion of delivery.
10.6 You own the Products once we have received payment in full, including all applicable delivery charges.
10.7 Unfortunately, we do not deliver to addresses outside the UK or Republic of Ireland.
10.8 You may place an order for Products from outside the UK or Republic of Ireland, but this order must be for delivery to an address in the UK or Republic of Ireland.
10.9 We may not be able to deliver our Products to your preferred location. In the event we are unable to deliver to your preferred location, we will inform you of this by email and we will not process your order until we have your instructions. If you wish to cancel your order due to this, and have already paid for the Products, we will refund you the full amount.
11. Price of products and delivery charges
11.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 11.5 for what happens in this event.
11.2 Prices for our Products may change from time to time, but changes will not affect the price of any order which we have confirmed with a Confirmation Email.
11.3 All prices that are quoted on our site are in pounds sterling (£) and include VAT where applicable. The amount of VAT shall be set out in the Confirmation Email. However, if the rate of VAT changes between the date of your order and the date of payment, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. The delivery charge shall be set out in the Confirmation Email.
11.5 If your order is subject to any import duties and taxes, you will be responsible for payment of these.
11.6 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
12. How to pay
12.1 You can pay for Products using a debit card or credit card via the checkout page. Payment for the Products and all applicable delivery charges is in advance. We use the WorldPay secure payment processing service. Card charges will appear on your statement as “Herbert Retail” or similar reference.
12.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
12.3 All payments must be received in pounds sterling (£).
13. Cancellations and Refunds
13.1 You may cancel all or part of your order by contacting the Customer Service Team by telephone on 01440 711400 at any time up to twenty-four (24) hours prior to the delivery date set out in the Confirmation Email.
13.2 In the event that you successfully cancel all or part of an order in accordance with clause 13.1 above, you will receive a full refund of the price paid for the Products and any applicable delivery charges you have already paid for.
13.3 In the event that you cancel all of your order, a refund shall be provided net of the finance handling fee at the applicable rate from time to time OR of £10.00 plus VAT if applicable.
13.4 We will refund you on the credit card or debit card used by you to pay.
14. Our liability to you
14.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
14.2 Nothing in these Terms limit or exclude our liability for:
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); and
(d) defective products under the Consumer Protection Act 1987.
14.3 Subject to clause 14.2 , we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill;
(f) loss or damage to property; or
(g) any indirect or consequential loss.
14.4 Subject to clause 14.2 and clause 14.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 1% of the price of the Products.
14.5 Our liability for failure to deliver the Products shall be limited to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Products. We shall have no liability for any failure to deliver any Products to the extent that such failure is caused by an Event Outside Our Control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
14.6 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
(a) death or personal injury caused by our negligence;
(a) any loss of profits, sales, business, or revenue;
15. Events outside our control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2
15.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of or delays caused by the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
(a) we will contact you as soon as reasonably possible to notify you; and
16. Communications between us
16.1 When we refer, in these Terms, to “in writing”, this will include email.
16.2 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
16.3 Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
17. Other important terms and Information
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6 These Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England.