This document (together with the documents expressly referred to in it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed in our literature or on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from us. 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 them.
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 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 1 June 2013.
These Terms, and any Contract between us, are only in the English language.
1.1 We operate the website www.hennypennyhenhouses.co.uk. We are Henny Penny Limited, a company registered in England and Wales under company number 03177141 and with our registered office at Kirkhills Farm, Yearsley, Brandsby, York, North Yorkshire, YO61 4SL. 1.2 To contact us, you can telephone 01904 819000 or e-mail firstname.lastname@example.org.
2.1 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.
2.2 Although we have made every effort to be as accurate as possible, because our Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 3% tolerance.
2.3 The packaging of the Products may vary from that shown on images on our site.
2.4 All Products shown on our site are subject to change and availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available.
This Clause 3 only applies if you are a consumer.
3.1 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us.
3.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
This Clause 4 only applies if you are a business.
4.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
4.2 These Terms and any document expressly referred to in them constitute 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.
5.1 For the steps you need to take to place an order on our site, please see the following webpage: www.hennypennyhenhouses.co.uk.
5.2 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.
5.3 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 in Clause 5.4.
5.4 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.5 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 9.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible if you wish to cancel.
5.6 If you wish to amend your order once you have paid for it but, prior to it being delivered, we reserve the right to charge you a £25.00 administration fee.
6.1 We may revise these Terms from time to time in the following circumstances:
6.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
6.3 It is your responsibility to check the Terms on our site from time to time when ordering any Products so that you are clear on the Terms which apply to your order and so that you are aware of any changes that have been made to these Terms.
This Clause 7 only applies if you are a consumer.
7.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 (Regulations) during the period set out below in Clause 7.3. This means that during the relevant period, if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
7.2 However, this cancellation right does not apply in the case of any made-to-measure or custom-made Products.
7.3 You have a period of 7 (seven) working days in which you may cancel a Contract, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
7.4 To cancel a Contract, you must contact us in writing by sending an e-mail to email@example.com or by sending a letter to our registered office address which is set out in Clause 1.1. You may wish to keep a copy of your cancellation notification for your own records.
7.5 If you cancel a Contract pursuant to Clause 7.3, you will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in Clauses 7.3 and 7.4. If you returned the Products to us because they were faulty or mis-described, please see Clause 7.6.
7.6 Unless Clause 7.7 applies, if you have returned the Products to us under this Clause 7 because they are faulty or mis-described, we will refund the price of a defective Product in full, together with any applicable delivery charges.
7.7 If you return any Products to us on the basis that they are faulty or do not work as described but, on return to us, the Products are found to be sound, complete and as described for sale, we will invoice you for any reasonable costs incurred by us in collecting the Products from you (if applicable). For the avoidance of any doubt, in such circumstances, you will not be entitled to a refund.
7.8 For any returns made under Clauses 7.5 and 7.6, we will refund you on the credit card or debit card used by you to pay. If you paid by cheque, we will refund you by making a payment by cheque.
7.9 For any returns you make under this Clause 7, if the Products were delivered to you:
7.10 All returned Products must be in their original condition and fit for re-sale as new. We will reject the return of any Products which have been used.
7.11 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this Clause 7 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control (please see Clause 14 for a definition of what we mean by this). 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.
8.2 “Expected”, “typical”, “anticipated” and “estimated” delivery dates stated on our site and any associated literature does not imply any guaranteed delivery dates.
8.3 Delivery will only be made by us to a registered residential or commercial address. Delivery will not be made to an allotment, car park, waste ground etc.
8.4 Delivery will be completed when we deliver the Products to the address you gave us.
8.5 Delivery periods are given in good faith but are approximate. Deliveries can occur sooner or later than the anticipated timescales. We will not deliver any Products to you until full payment has been received by us in cleared funds.
8.6 Deliveries are only made on weekdays, typically during the hours of 8.00am and 6.00pm, however, this can vary. In certain situations, we may be able to offer you other options including timed deliveries. If so, additional charges may apply and we will inform you of those prior to delivery.
8.7 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery. Otherwise, if you would like us to leave any unattended Products outside your property, we need prior written authority from you to do this and you must send this to us at: firstname.lastname@example.org.
8.8 It is your responsibility to provide free and unobstructed access to your property for delivery of the Products. Given the nature of the Products we sell, it is your responsibility to notify us about any access concerns at your property which may have an impact on our ability to deliver our Products to you.
8.9 If we are required to re-arrange a delivery under Clause 8.7 or if we are unable to gain access to your property pursuant to Clause 8.8, we may charge you an administration fee, together with a further delivery fee before we agree an alternative delivery date with you.
8.10 In the interests of health and safety, when delivering our Products to you, we will not be able to lift them over walls, fences etc or move them to any floors above ground level.
8.11 The Products will be your responsibility from the completion of delivery.
8.12 You own the Products once we have received payment in full, including all applicable delivery charges.
8.13 Unfortunately, we do not deliver to addresses outside mainland UK.
8.14 You may place an order for Products from outside the UK, but this order must be for delivery to an address in mainland UK.
9.1 The prices of the Products will be as quoted on our site from time to time. We take 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 9.5 for what happens in this event.
9.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
9.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
9.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Shipping details page www.hennypennyhenhouses.co.uk.
9.5 Our site contains a large number of Products. It is possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
10.1 You can only pay for Products using one of the following methods:
10.2 Payment for the Products and all applicable delivery charges is in advance. We will charge your debit card or credit card once your order has been submitted. If you are paying by cheque, we will not process your order until your cheque has cleared. Regardless of your payment method, we will not despatch any Products to you until we have received cleared funds in our bank account.
10.3 We reserve the right to reject your order at any time, using our absolute discretion.
11.1 If we have delivered flat pack Products to you which require assembly, you can either assemble these yourself or we can assemble them for you. If we are required to assemble the Products for you, we will charge you an assembly fee when you order the Products from us.
11.2 If you assemble the Products yourself or with the assistance of some third party, you should not arrange or commence any erection of the Products until you have carefully checked that no items or parts are missing. If you or any third party engaged by you, commence assembly of the Products and then realise that certain items or parts are missing, we are not:
This is because the Products will be deemed ‘used’ and we will not be able to re-sell them.
11.3 Where we are required to assemble the Products for you, you must:
11.4 If on our arrival, the base prepared by you does not comply with Clause 11.3 then:
11.5 Where you choose to assemble the Products yourself pursuant to Clause 11.4(a), a further assembly fee (details of which can be found on our site from time to time) or 10% of the price of the Products, whichever is greater, shall be due and payable by you to compensate us for the aborted assembly time. We will send you an invoice for that, either to your e-mail address or to your residential address.
11.6 Where a second visit by us is arranged to assemble the Products pursuant to Clause 11.4(b), you will be required to pay:
11.7 For the avoidance of any doubt, we will not attend a second visit to assemble the Products until we have received full cleared payment of the amounts due from you under Clause 11.6.
This Clause 12 only applies if you are a business customer.
12.1 We only supply the Products for use by your business, and you agree not to use the Products for any re-sale purposes.
12.2 Nothing in these Terms limits or excludes our liability for:
12.3 Subject to Clause 12.2, 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:
12.4 Subject to Clauses 12.2 and 12.3, 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 the total price of the Products paid for by you (excluding any shipping/delivery costs).
12.5 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.
This Clause 13 only applies if you are a consumer.
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it is contemplated by you and us at the time we entered into the Contract.
13.2 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not in any way exclude or limit our liability for:
13.4 Subject to Clauses 13.2 and 13.3, our total liability to you in respect of all 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 the total price of the Products paid for by you (excluding any shipping/delivery costs).
14.1 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 14.2.
14.2 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 the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
15.1 When we refer in these Terms, to "in writing", this will include e-mail.
15.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by post to Henny Penny Limited at Kirkhills Farm, Yearsley, Brandsby, York, North Yorkshire, YO61 4SL or by e-mail to: email@example.com. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under Clause 7, please see that Clause 7 for how to tell us this.
15.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
15.4 If you are a business, 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.
16.1 We are committed to protecting and respecting customer privacy.
16.2 We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998 and any other relevant data protection legislation in force from time to time).
16.3 Any personal details given by you to us will only be used by us and our appointed agents to fulfill an order.
16.4 We shall only use your telephone and email contact details when deemed appropriate and necessary to discuss and fulfil your order, to undertake occasional market research, and to provide news and/or special promotional offers subject to any of your stated preferences in relation to receiving such information.
16.5 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at Henny Penny Limited at Kirkhills Farm, Yearsley, Brandsby, York, North Yorkshire, YO61 4SL or e-mail to: firstname.lastname@example.org
16.6 Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
16.7 We may collect information about your computer, including where available, your IP address, operating system and browser type. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
16.8 With the exception of your payment details (which we do not store in any way), all information you provide to us is stored on our secure servers. For customer security, we operate a secure e-commerce automated payment process, approved by all UK banks. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
16.9 Our secure encrypted environment is held upon a Thawte certified secure server, operated by Rackspace in the UK, operating to a 128bit level of encryption. All personal data entered via this web site by you (excluding any payment details) will always be stored or transferred in a safe and secure manner, using the same 128bit level of encryption. However, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to prevent unauthorised access but this cannot always be guaranteed.
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. Where possible, we will notify you in writing or by posting on this webpage if this happens.
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 Clauses 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 a Contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.