TERMS AND CONDITIONS FOR SALES TO CONSUMERS
1. ABOUT THESE TERMS
These are the terms and conditions (the "Terms") on which we supply goods to you (the "Products").
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss this.
These terms and conditions are for our consumer customers only. If you are buying Products from us and you are a business customer please refer to our business terms and conditions at https://hartmann.info/en-corp
When we use the words "writing" or "written" in these terms, this includes emails.
2. Information about us and how to contact us
We operate the website www.hartmanndirect.co.uk. We are Paul HARTMANN Limited. We are registered in England and Wales under company number 1523121. Our registered office is at Unit P2 Parklands, Heywood Distribution Park, Pilsworth Road, Heywood, OL10 2TT. Our registered VAT number is 362 3417 68.
You can contact us by telephoning our customer service team at 0800 028 9470 or [email protected] or by writing to us at Paul HARTMANN Ltd Heywood Distribution Park, Pilsworth Road, Heywood, OL10 2TT.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3. Use of our website
Your use of our website is governed by our Terms of website use www.hartmanndirect.co.uk/terms-of-use
Please take the time to read these, as they include important terms which apply to you.
4. How the contract is formed between you and us
Our shopping pages will guide you through the steps you need to take to place an order with us. 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 at each page of the order process.
After you place an order, you will receive an e-mail 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 below.
We will confirm our acceptance to you by sending you an e-mail that confirms your order has been accepted. Once we send this order acceptance email, a binding contract will be formed between us (the "Contract").
If we cannot accept your order
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 we cannot meet your requested delivery date or because of an error in the price on our website as referred to below, we will inform you of this by e-mail and we will not process your order. If you have already paid for a Product that we are unable to supply, we will refund you the full amount including any delivery costs charged as soon as possible.
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product.
By way of example only, this might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.
Your order number
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
We only sell to the UK.
Our website is solely for the promotion of our Products in mainland England, Scotland and Wales. Unfortunately, we do not accept orders from addresses outside of mainland England, Scotland and Wales.
Products may vary slightly from their pictures
The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the Products accurately, we cannot guarantee that the image displayed on your device accurately reflects the Products. Your Product may vary slightly from those images.
Products packaging may vary
The packaging of the Products may vary from that shown in images on our website.
5. Price and payment
Where to find the price for the Product
All prices are in pounds sterling, exclude delivery charges and do not include VAT (see below for further details on VAT treatment). The complete price for Products ordered including VAT (if applicable) and delivery charges will be clearly displayed prior to final checkout.
We use our best efforts to ensure that the price of the Product advised to you is correct. However please see below for what happens if we discover an error in the price of the Product you order.
Will VAT be payable?
The sale of continence care products to individuals is not subject to VAT when each of the following conditions applies:-
(a) the Products are being purchased by, or on behalf of, a person who is 'chronically sick or disabled'.
For the purposes of VAT liability HMRC considers that a person is 'chronically sick or disabled' if he/she is a person with a "physical or mental impairment which has a long-term and substantial adverse effect upon his/her ability to carry out everyday activities or a condition which the medical profession treats as a chronic sickness, such as diabetes"; and
(b) the Products are for personal or domestic use by a chronically sick or disabled individual or a series of disabled individuals.
When the above conditions apply to your purchase and VAT is not payable, a VAT Exemption Form will not be necessary provided that the order is for no more than 200 disposable pads, 50 washable pads or 10 pairs of waterproof or leak-proof underwear.
If you, as an individual, wish to place an order which is larger than these amounts, VAT will be charged on your purchase unless you complete a VAT Exemption Form during the checkout process.
There are severe penalties for making a false declaration in relation to any of the above. If you are in any doubt about your own VAT exemption eligibility in respect of the Products you are purchasing, before signing the declaration you should get advice from a local VAT office or by telephoning the VAT Disabled Reliefs Helpline on 0300 123 1073
We will pass on changes in the rate of VAT
If VAT is payable and the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong?
The prices of the Products will be as quoted on our website at the time you submit your order. 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.
Prices for our Products may change from time to time, but changes will not affect any order we have already accepted.
The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process and displayed on our website, before you confirm your order.
It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
How to pay
We accept payment through selected credit/debit cards and paypal. You must pay for all Products before we dispatch them. We will not charge your Credit or Debit Card until we dispatch the Products to you.
Payment on automatic repeat orders
When you set up an automatic repeat order we accept payment through selected credit/debit cards and paypal. There will be no Direct Debit set up between you and us but we will charge your Credit or Debit Card prior to dispatching the Products to you in accordance with your instructions. Products can be delivered monthly, every 2 months or every 3 months.
Once a repeat order has been set up, you will be solely responsible for cancelling it, should you wish to do so (see clause 14 below for details of how to do this).
What to do if you think the amount paid is wrong
If you think the amount you have paid is incorrect please contact us promptly to let us know.
The costs of delivery will be as displayed to you on our website and are based on the total price of all the Products ordered.
When we will provide the Products
During the order process we will let you know when we will provide the Products to you.
We will deliver your Products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
We aim to deliver orders within 3 – 5 working days.
In the event that we are out of stock of a particular Product, we will call and agree the best options to allow us to send your complete order to you as soon possible.
We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
Reasons we may suspend delivery to you
We may suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;(
(b) update the Product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Product as requested by you or notified by us to you.
7. If you are not at home when the Product is delivered
If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we will attempt to deliver your Products to a neighbour. If we leave your Products with a neighbour we will place a delivery card through your door to confirm this. Alternatively, we can leave the Products in a safe place provided this is specified by you at the time you place your order.
If we are unable to deliver your Products we will cancel your order and provide you with a full refund.
Responsibility for the Products
The Product will be your responsibility immediately upon arrival at the address you provided, including where they are delivered to a safe place at your request, or at the time you or a carrier organised by you collects it from us.
When you own Products
You own a Product once we have received payment in full.
8. Your legal rights if we deliver Products late
You have legal rights if we deliver any Products late. If we miss the 30 day delivery deadline (from the date you received the confirmation email) for any Products then you may treat the contract as at an end straight away if any of the following apply:
8.1.1 we have refused to deliver the Products;
8.1.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
8.1.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
We may need certain information from you so that we can supply the Products to you, for example, delivery address, contact name, telephone number and email address. If so, this will have been stated in the description of the Products on our website.
We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
9. Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us and for defective Products under the Consumer Protection Act 1987
We are not liable for business losses
We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If you are buying Products from us and you are a business customer please refer to our business terms and conditions at https://hartmann.info/en/pages/AGB-file/great-britain-1
10. Your rights to make changes
If you wish to make a change to your order for the Products you have ordered please contact us by telephone or email at the contact details set out in paragraph 12 below. We will let you know if the change is possible.
If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract as set out in paragraph 13 below.
11. Our rights to make changes
Minor changes to the Products
We may change the Products:
to reflect changes in relevant laws and regulatory requirements; and to implement minor technical adjustments and improvements, for example to address a known defect. These changes will not affect your use of the Product.
More significant changes to the Products and these terms
We amend these terms from time to time. Please look at the top of this page to see when these terms were last updated and which terms were changed.
Every time you order Products from us, the terms in force at the time of your order will apply to the contract between you and us.
We may revise these terms as they apply to your order from time to time to reflect the following circumstances:
- changes in relevant laws and regulatory requirements;
- changes to our business processes such as our standard delivery times; and changes to third party support.
- If we have to revise these terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any cancelled Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
12. If there is a problem with the Product
How to tell us about problems
If you have any questions or complaints about the Product, please contact us. You can telephone our customer service team at 0800 028 9470 or write to us at [email protected].
Summary of your legal rights
>We are under a legal duty to supply Products that are in conformity with this contract. Nothing in these terms will affect your legal rights. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
obligation to return rejected Products
If you wish to exercise your legal rights to reject Products you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. For further details on returning Products please see below.
13. Your rights to end the contract
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract. The reasons why you may wish to cancel are:
13.1 Faulty Products. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Product repaired or replaced or to get some or all of your money back).
13.2 Something we have done or are going to do. If you are ending a contract for a reason set out at 13.2.1 to 13.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
13.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to;
13.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
13.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
13.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days ; or
13.2.5 you have a legal right to end the contract because of something we have done wrong.
13.3 If you have just changed your mind about the Products. You may be able to get a refund if you are within the cooling-off period and you have not unsealed the Product, but this may be subject to deductions. Details about changing your mind are set out below:>
13.3.1 For most Products bought online you have a legal right to change your mind within 14 days and receive a refund, this is called the 'cooling-off' period.
13.3.2 Orders can be cancelled up to the point they are despatched for delivery to you by contacting us on 0800 028 9470. It is in your interest to contact us as soon as possible to ensure your order is not despatched.
13.3.3 If you cancel your order before it is despatched we will refund in full any payment (including delivery charges) made by you.
13.3.4 If your Products have been despatched you have 30 days after the day you (or someone you nominate) receive the Products, unless your Products are for regular delivery over a set period (for example monthly). In this case you have until 30 days after the day you (or someone you nominate) receives the first delivery of the Products.
13.3.5 Ending the contract where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation.
A contract for Products is completed when the Product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. Once you contact us the contract will end immediately and we will refund any sums paid by you for Products which have not been delivered. However, we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
13.4 When you don't have the right to change your mind. You do not have a right to change your mind where you have unsealed the Product; this is for health protection and hygiene purposes.
14. How to end the contract with us (including if you have changed your mind)
Tell us you want to end the contract.
To end the contract with us, please let us know by doing one of the following:
Phone or email. Call customer services on 0800 028 9470 or email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
Via the 'My Account' section of our website. Please login to your account and cancel your recurring order by following the instructions on screen.
Returning Products after ending the contract
If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us.
You must either post them back to us at Paul HARTMANN Ltd Heywood Distribution Park, Pilsworth Road, Heywood, OL10 2TT or (if they are not suitable for posting) allow us to collect them from you.
If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the contract.
Ending automatic repeat orders
Once a repeat order has been set up, you will be solely responsible for cancelling it. Should you wish to do so, you should cancel the contract in the same way specified above.
15. When we will pay the costs of return
We will pay the costs of return:
if the Products are faulty or misdescribed; if you are ending the contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or if you are exercising your right to change your mind, however any food or drink Product that has been used or opened will not be accepted for a refund.
In all other circumstances you will pay the costs of return. You may return the Product in the post, alternatively, we can arrange for our courier to collect the Product from you at a cost of £15.
will refund you the price you paid for the Products including delivery costs (where applicable (please see below)), by the method you used for payment. If you paid by Debit or Credit Card the refund will automatically be made to that card.
However, we may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind
If you are exercising your right to change your mind:
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by you handling them in a way which would not be permitted in a shop for example if you have removed or damaged any packaging. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. When your refund will be made
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
If the Products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. In all other cases, your refund will be made within 14 days of you telling us you have changed your mind in accordance with these terms.
17. Our rights to end the contract
We may end the contract if you break it
We may choose to end the contract for a Product or suspend the delivery of an order at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example, your delivery address and other field marked mandatory during the order process; or you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us. You must compensate us if you break the contract
If we end the contract in the situations set out in this Clause 17 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We may withdraw the Product
We may write to you to let you know that we are going to stop providing the Product. We will let you know at least 1 day in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.
18. How we may use your personal information
How we will use your personal information
We will use the personal information you provide to us:
19. Other important terms
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. Nobody else has any rights under this contract.
If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts.
Alternative dispute resolution
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.
In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform using this link.