Terms and Conditions
1.1. “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2. “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3. “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4. “Goods” means the articles that the Buyer agrees to buy from the Seller;
1.5. “Seller” means Hole Hearted of 7 Bracadale Close, Coventry, CV3 2PF that owns and operates www.holehearted.co;
1.6. “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.7. “Website” means www.holehearted.co
TERMS OF SALE
1.1 Hole Hearted is registered at 7 Bracadale Close, Coventry, CV3 2PF. A contract between Hole Hearted and the customer will only be formed when goods are dispatched. When goods are dispatched this brings into existence a legally binding contract between us. We do not have to accept payments and can choose to cancel orders at any point before dispatch.
2.1 The prices payable for goods that you order are as set out in our website and include VAT, currently set at 20%
2.2 You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. If your address is in a remote location we will contact you with shipping options before your order is shipped if necessary.
2.3 Member countries of the EU, and any other eligible countries, states or territories are obliged to pay the UK VAT rate on their purchases.
2.4 Prices are set at GB Pound Sterling rates, prices in other currencies will therefore fluctuate relative to the exchange rate against the website price in GBP.
3.1 From 13 June 2014 the new Consumer Contracts Regulations – which implement the Consumer Rights Directive in UK law – apply to all purchases you make at a distance (UK only). Under the Distance Selling Regulations, you’re entitled to key information about the seller, including a geographical address. Your right to cancel starts the moment you place your order and doesn’t end until seven working days from the day after you receive your goods. If your goods are faulty, or you’re sent substitute items that you don’t want, the retailer must pay return postage costs.
3.2 Further to these regulations we offer the right to return goods within 30 days from the receipt of goods. Customer to pay return postage.
3.3 If you wish to cancel your order, the easiest method is to email [email protected]
3.4 If you have received the goods before you cancel your contract please notify us at [email protected], quoting your order number. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back in their original packaging to us at our contact address.
3.5 Once you have notified us that you are cancelling your contract, any sum debited to us from your original method of payment will be re-credited to your account as soon as possible and in any event within 30 days of your order provided that the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
3.6 When returning to us, if the products are damaged in transit it is the responsibility of the customer to claim back all costs from the company with which the sunglasses were returned. We reserve the right to return damaged products that have been damaged in transit to us. Accessories with branded packaging must also be returned with/in any branded material that they are received in, e.g. cases, boxes and with the warranty and cloth (if applicable).
3.7 Overseas return postage cannot be refunded. In the event of a product return from a UK VAT exempt country, state or territory the customer will be responsible for any taxes and surcharges incurred and will have to pay these at the time of shipping, and prior to receipt of goods.
3.8 A restocking fee may be applicable to returned products.
4.1 We reserve the right to cancel the contract between us if:
4.2 We have insufficient stock to deliver the goods you have ordered;
4.3 We do not deliver to your area; or
4.4 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
4.5 Payment/delivery details could not be verified, or the order is considered fraudulent.
4.6 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us via original method of payment or cheque as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5.1 The default carrier is Royal Mail. If tracking options are chosen then goods will require a signature on delivery, therefore if you are not available for delivery you may need to contact the delivery company to re-organise delivery or to collect the goods from a depot if convenient.
5.2 Deliveries will be made to the given delivery address, the address given will be the address to which the goods are sent. For any amendments to the delivery address, we must be notified by email prior to the processing of your order.
5.3 We aim for despatch of all orders to be processed within 2 working days. International delivery times vary, but must orders are received between 5-7 working days. For UK deliveries, goods cannot be classified as missing in the post until 15 working days have passed since the day of posting. We cannot take any action during this period, but will immediately make enquiries and re-send orders if delivery hasn’t been made following the 15 working day period.
5.4 International orders are usually delivered within 5-7 working days but can take up to 28 days due to delays at customs. Most orders require a signature. If 28 days or more have passed and your order has not been received, please contact us to inform us of the delay. We then have to launch an international track and enquiry, as soon as we have the results we can resend or refund.
5.5 We cannot be held responsible for failed deliveries, either due to an incorrect address or unavailability of a signature on delivery. If goods are returned to us for these reasons we can re-charge for postage and handling, or deduct the cost if a refund is requested.
5.6 Upon delivery of your order you will become the owner of the goods, they will be held at your own risk and we cannot be held liable for their loss or destruction.
5.7 If an item is delivered to you and has been damaged in transit, please ensure that you sign for the goods as “damaged” or “unchecked”. Please then contact us and we will explain the procedure, the goods must be held until we have notified the delivery company. Alternatively please refuse the delivery.
5.8 All International orders are sent with duties and taxes to be paid by the recipient. Duties will be assessed by the importing country based on current laws governing imports. In the event of a product return from a UK VAT exempt country, state or territory the customer will be responsible for any taxes and surcharges incurred and will have to pay these prior to receipt by Hole Hearted.
6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us, by email or in writing at our contact address, of the problem immediately and in any case within 10 working days of the delivery of the goods in question. Therefore if the goods ordered are a gift it is advisable to check the contents immediately. If items have been damaged in transit we must be notified as soon as possible.
6.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us, by email or in writing at our contact address, of the problem within 40 days of the date on which you ordered the goods. If you notify a problem to us under this condition, our only obligation will be, at your option:
6.3 To make good any shortage or non-delivery;
6.4 To replace or repair any goods that are damaged or defective; or
6.5 To refund to you the amount paid by you for the goods in question in whatever way we choose.
6.6 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) how so ever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.
6.7 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
6.8 Not with-standing the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
7.1 Payments can be made through credit/debit card or PayPal via a requested payment invoice.
7.2 Debit and credit card payments will be subject to AVS checks, if payments are not confirmed by the card issuer or fail these checks, dispatch may be delayed. It is therefore imperative that billing details are accurately entered.
7.3 All payments are checked before dispatch, dispatch can occasionally be delayed if/when payments are investigated further.
7.4 Where payment details are different to the billing address the order may be subject to enhanced security checks which can occasionally slow down dispatch.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address. Or by emailing [email protected] you must include your name, order number, transaction ID and date of order, and all notices from us to you may be displayed on our website from to time.
We shall have no liability to you for any failure to deliver goods you have 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 our reasonable control including, without limitation, any industrial disputes, breakdown of systems or network access, force Majeur.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
By ordering from Hole hearted, signing up for a newsletter or an introductory offer, you opt in to our email communication. Our occasional marketing email can be stopped simply by clicking the unsubscribe link on the bottom of any email.
Certain brands and products may be excluded from the standard terms and conditions. We will state this where appropriate.
16.1 Discount codes cannot be used on sale items unless otherwise stated.
16.2 No refunds on expired discount codes.
16.3 Third Party Vouchers (such as Groupon vouchers) may be subject to additional terms, which will be detailed at the time of purchasing the voucher and on our site.