Terms and Conditions for Retail Website Customers|
1. Consumer Rights
In accordance with the distance selling regulations if for any reason you are un-satisfied with your purchase we will offer an exchange or a refund on the cost of goods less included delivery charges. You have a legal right to cancel within seven days beginning on the day of receiving your goods. All items returned to us must be received in a re-saleable condition and in original packaging, with no modifications. This does not apply to bespoke products.
www.thehighwaymen.co.uk is a site operated by The Highwaymen Ltd. We are registered in England and Wales under company number 3294199 and our registered office is 2 New Buildings, Hinckley, Leicestershire, LE10 1HW. Our VAT number is 831415260
All goods and services are sold subject to availability, The Highwaymen cannot be held responsible for any decision to withdraw any goods or services from sale or production or change manufacturing techniques.
No Variations on these conditions shall be binding upon The Highwaymen Ltd unless previously agreed with The Highwaymen in writing.
The Highwaymen terms and conditions will prevail over those of any other party.
3. Orders and Acceptance
The information on this site does not constitute an offer and may be withdrawn or revised at any time prior to our acceptance of an order. All orders placed to The Highwaymen either by internet, phone, mail or in person it is assumed that you have read and accepted our terms and conditions, unless we are notified otherwise.
Changes to orders for standard products may be changed free of charge if we are notified within 24 hours after purchase, or before the order is sent through to dispatch. We accept that mistakes do happen, however due to circumstances beyond our control, if an order has been sent to dispatch, we are charged £20 to change/cancel an order, and need to pass this cost on.
The prices payable for goods shall be those contained on the The Highwaymen website for such goods in effect at the time of dispatch, unless the customer is otherwise informed, in writing and by an authorized The Highwaymen representative, prior to acceptance of an order.
The Highwaymen shall have the right at any time to withdraw any discount and / or to revise prices to take into account increases in costs including (without limitation) costs of any goods, materials, carriage, labour or overheads or the increase or imposition of any tax duty or other levy and any variation in exchange rates.
Unless notified otherwise, specified prices quoted are quoted exclusive of the costs of transport, insurance, value added tax, withholdings, customs duties and all other taxes and charges (all of which shall be payable by the Purchaser).
5. Terms of Payment
Unless otherwise agreed in writing the purchase price for each order shall be paid in full prior to delivery and when the goods are ready to ship.
No counterclaim or set-off by the purchaser may be deducted from any payment due on any account whatsoever without the written consent of The Highwaymen Ltd
Large orders which cannot be fulfilled immediately will be accepted and a deposit to the value of 50% of the order will be required. Once an order has been created and deposit paid, we are unable to refund the deposit unless agreed with The Highwaymen Ltd in writing.
If you wish to place a phone order we can do this but you will need to display the card that was used to purchase the goods to the driver, this is due to an increasing amount of fraud. Failure to do this will result in non-delivery of the items and extra charges may occur.
All goods remain the property of The Highwaymen until such time as payment has been received and cleared in full, unless agreed in writing otherwise.
6. Delivery, Risk and Returns
All delivery dates stated either on this site, offered verbally or in writing by The Highwaymen are estimated and not of any contractual effect. The Highwaymen shall not be under any liability to the purchaser in respect of any failure to deliver on any particular date or dates nor shall delay in delivery be a basis for cancellation of any order by the Purchaser.
The Highwaymen will not be liable for any delays or claims: - including but not limited to, industrial action, weather, accidents, breakdowns, or other circumstances beyond our control.
It is the original purchaser’s responsibility to sign the delivery note, if the delivery note is to be signed by anyone else apart from the buyer then they are deemed to be accepting ownership of the goods on behalf of the purchaser and we cannot be held responsible for any damage or loss incurred. Signing as unchecked or unexamined will waive your right to claim for any shortage or damage subsequently discovered.
Unless otherwise agreed in writing, The Highwaymen shall be entitled to deliver the goods by instalments. In such cases each instalment shall constitute a separate contract and any defect in any one or more instalments shall not entitle the Purchase to repudiate the contract as a whole nor to cancel any subsequent instalment.
Save as otherwise provided in these conditions, risk of loss or of damage to the goods shall pass to the Purchaser on delivery to their premises or when placed in their possession or that any carrier or transport provided by the Purchaser, whichever shall occur first. The Highwaymen shall be under no obligation to accept return of any supply made.
It is the policy of The Highwaymen to deliver goods to the registered address of the payment card used in any transaction. Delivery to an address other than the billing address may be arranged for existing customers, if agreed in advance and confirmed in writing by The Highwaymen and we reserve the right to withdraw this service at their own discretion.
Under our 7 day money back guarantee you may return to us, any product that you are not completely satisfied with providing it has not been tampered with and remains in its original packaging. At all times it is the customer’s responsibility to return items to The Highwaymen and you are under a statutory duty to take reasonable care of the products while they are in your possession and during transport back. Taking reasonable care means you must return the products to 'as new' condition, in their original packaging
The Highwaymen take no responsibility whatsoever for any damage caused to persons or property whilst undertaking delivery.
Special Order Items – under no circumstances may a bespoke/custom/added service product be returned once delivered.
7. Goods ordered in error, specially or product exchanges
The Highwaymen is under no obligation to exchange goods ordered by mistake or incorrectly, if an exchange takes place a new order must be created. The Highwaymen is under no obligation accept returns that have been specially ordered in for the customer. If goods are supplied in good faith awaiting the return of the original goods The Highwaymen reserves the right to subsequently charge for the excess goods if they are not returned within 3 weeks.
All goods returned must be in their original condition; however a restocking fee of up to 25% may apply for items incorrectly ordered and returned for refund.
Once the items have arrived back to The Highwaymen and found to be in good order, a refund may be made less delivery and any discounts applied to the order. At all times it is the customer’s responsibility to return items to The Highwaymen and you are under a statutory duty to take reasonable care of the products while they are in your possession and during transport back. Taking reasonable care means you must return the products to 'as new' condition, in their original packaging. If you fail to take reasonable care of the products while they are in your possession and return them to in a damaged state, action may be taken against you to recover any loss in value of the products arising from your breach of this statutory duty.
8. Defective and faulty goods
Notwithstanding the provisions in clause 3, all defects must be advised within 12 hours of delivery. This due to problems with onsite contractors etc. damaging goods and then trying to claim they were delivered like that. We are unable to help with exchanging or refunding an item after this time.
If goods arrive defective please make a note on the POD. After checking and the goods are found to be damaged either return the goods with the driver marking the delivery note that the goods have been returned and email firstname.lastname@example.org within 24 hours to notify us of a problem. You will be required to provide clear pictures and written details of the damage by email or letter within 10 days of delivery in order to process a claim. No action will be taken until these are received. Please note that failure to do this may affect a claim. To help process a claim quickly and effectively it is very important that clear photos are provided. We must have written confirmation via email or letter post of any returns or exchange applications.
The Highwaymen will not be liable for any incidental work or expenses incurred out of any defect in our products or bad workmanship applied to our products. No responsibility can be accepted if wrongful or incomplete installation was carried out by the customer or its representative. All items are sold within certain size specifications, any defects subsequently discovered after modification are expressly not accepted.
9. Force Majeure
The Highwaymen shall not be liable to the Purchaser for any loss or damage which may be suffered by the Purchaser as a direct or indirect result of the supply of goods by The Highwaymen being prevented hindered delayed or tendered uneconomic by reason of circumstance or events beyond The Highwaymen’s reasonable control including but not limited to Act of God, war, riot, strike, lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, storm, difficulty or increased expense in obtaining workmen materials or transport or other circumstances affecting the supply of goods or of raw materials thereof The Highwaymen normal source of supply or the manufacture of the goods by The Highwaymen normal means or the delivery of goods by The Highwaymen.
Failure by The Highwaymen to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.
To the full extent possible each provision of these Conditions shall be construed in such fashion as to be effective and valid under applicable law. If any provision is declared void, illegal or unenforceable by a court of competent jurisdiction with respect to particular circumstances such provision shall remain in full force and effect in all other circumstances. If any provision is declared entirely void illegal or unenforceable by a court of competent jurisdiction, all other provisions of these conditions shall remain in full force and effect.
The Purchaser may not without the prior written consent of The Highwaymen assign all or any of its rights under any contract incorporating these Conditions.
13. Notices & Governing Law
Any notice hereunder shall be deemed to have been duly given if sent by prepaid first class post, or facsimile to the party concerned at its last known address. Notices sent by first class post shall be deemed to have been given 24 hours after dispatch and notices sent by facsimile shall be deemed to have been given on the date of dispatch.
All contracts incorporating these conditions shall be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.