Terms and Conditions
Please read and keep a copy for your records. These terms were last changed on 31.1.2019.
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
We try to avoid any disputes, so we deal with complaints as follows: In the First instance write or call us to resolve your complaint. If we are unable to resolve you may escalate in writing to our Directors at Shipton & Heneage Ltd, 117 Queenstown Road, London, SW8 3RH, UK.
- These Terms and Conditions will apply to the purchase of the goods advertised in our website, catalogues, brochures or other form of advertisement by you (the Customer or you). We are Shipton & Heneage Ltd a company registered in England and Wales under number 02320918 whose registered office is at 15 Cedar Drive, Hatchend, Middlesex, HA5 4BY, UK (the Supplier or us or we).
- These are the Terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the sale and purchase of the Goods;
- Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
- Goods means any goods that we supply to you, of the number and description as set out in the Order;
- Order means the Customer's order for the Goods from the Supplier as set out
- The description of the Goods is as set out in our website, catalogues, brochures or other form of advertisement.
- In the case of Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.
Basis of Sale
- The description of the Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Goods.
- When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay, which must be due to running out of stock or resources, a price or description mistake, inability to obtain your payment or other genuine and fair reason.
- A Contract will be formed for the Goods ordered, only upon or if earlier, the Supplier's delivery of the Goods to the Customer.
- Any quotation is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Goods, price or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing. In the unlikely event that the goods are no longer available, or that we have made a pricing mistake, we will advise you of this. If the goods are not available, we may supply you with substitute goods. We will advise you of this before dispatch.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier's business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier's and the Customer's simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier's and the Customer's simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.
Please note that all transactions will be carried out in the currency shown when you checkout.
Once you have placed your order, confirmation will be sent to you via e-mail complete with Transaction and Order Reference numbers. When you place an order with us, you are making an offer to buy goods. We will send you an e-mail to confirm that we have received your order. Once we have checked the price and availability of the goods, we will e-mail you again to confirm that we accept your order. We will not take payment from you until we have accepted your order. If we believe the order to be fraudulent we reserve the right to decline processing the order. In the unlikely event that the goods are no longer available, or that we have made a pricing mistake, we will advise you of this. If the goods are not available, we may supply you with substitute goods. We will advise you of this before dispatch.
Price and Payment
- The price of the Goods and any additional delivery or other charges for each type of the Goods, and the total price of them and the charges, is that set out in our price list current at the date of the Order or such other price as we may agree in writing.
- Prices and charges include VAT at the rate applicable at the time of the Order, so that, if the rate of VAT increases before acceptance of the Order, we will only increase the price or charge by the amount of that increase if you agree, otherwise we must reject the Order and promptly inform you of this.
You must pay in cash or by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
- We will deliver the Goods to the Delivery Location by the time or within the period agreed, or failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
- In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or if you told us before the Contract was made that delivery on time was essential; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- We will notify you by email or text or both if possible when we dispatch goods. It is your responsibility to notify us of non-receipt if you do not receive the goods within 48 hours of notification. We monitor undelivered items, but we cannot monitor items marked as successfully delivered. All deliveries are GPS tracked at the location of signature and must be signed for.
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
- If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods.
- If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
- We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Delivery UK. We offer flat rate delivery to mainland UK by signed for courier. You must provide us with an address where the goods can be received and signed for and a valid telephone number. The courier will make up to three attempts to deliver the goods before returning them to us. If they leave a card it is your responsibility to contact the courier and arrange collection or redelivery within 5 days. If the parcel appears damaged please sign as damaged goods with your signature. If the goods are indeed damaged in transit please let us know in writing immediately or before 7 days and do not wear them. There is a surcharge for delivery to Northern Ireland and all offshore British Islands - Including Scottish islands, Isle of Man, Isle of Wight, Channel Islands etc. Please do not purchase before examining the calculated charge which is based on weight and area. Refer to the checkout page to see the charges. Until you have completed the checkout no contract exists and you can abandon all orders.
Delivery International. - For Overseas deliveries we use international couriers who will require a signature. We prefer a commercial delivery address, if possible, to ease this process. Please note most items, except for bespoke items, are dispatched within 0-7 days unless there is a stock issue but please allow up to 30 days for delivery. Please make sure we have a valid email address and cell/mobile to ease tracking. There may be 'outside delivery area' surcharges we will call you if this is the case for you to give us an alternative address or to pay the surcharge. Import duty or other local taxes may apply to international deliveries - customers are responsible for any duties payable if applicable.
Please note we do not dispatch to PO Boxes - all parcels require signature.
Risk and Title
- Risk of damage to, or loss of, the Goods will pass to you when the Goods are delivered to you.
You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- be of satisfactory quality
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us, expressly or by implication, regardless of whether that is a purpose for which goods of that type are usually supplied (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
It is not a failure to conform if the failure has its origin in your materials.
Cancellation and returns This policy does not apply to the following goods, which are exempt from the right to cancel: any item with customisation or personalisation. You can cancel your contract at any time up to 30 calendar days after the day of delivery. To do this, please e-mail us or write to us. You do not have to give any reason for cancellation. However, a brief explanation will help us to improve the service we offer to customers in the future. If you cancel your order and do not exchange, you must return the goods to us at your own expense. You must ensure that the goods are packaged adequately to protect against damage. If you fail to return the goods, we will collect them, and we will charge you the direct cost of collection. If you fail to take reasonable care of the goods before they are returned to us, and this results in damage or deterioration, we will charge you for the reduction in value. This cancellation policy does not affect your legal rights — for example, if goods are faulty or misdescribed. Please do not rely on the success of an email being delivered. If in any doubt write to us at our contact address using recorded mail. We strongly recommend you use a trackable and insured service to return goods we cannot be held responsible for their loss. Please read our returns policy for details. If you qualify for our free returns service, and chose not to use it, you return items at your own risk and expense.
- Please note: If you take advantage of an offer and return an item for refund that makes your original order no longer qualify for the offer, then the offer/discount no longer applies to your order, any refunds will take this into account.
Frauds - We use fraud profiling and other identity verification based on the information you submit.
All goods remain the property of Shipton & Heneage Limited until full and final payment is received.
These terms apply to your order. We may change our terms and conditions at any time, so please do not assume that the same terms will apply to future orders.
Discounts and Vouchers. Unless specifically stated - discounts do not apply to shipping costs. Any discount & voucher offers on this site assume vat is payable at the prevailing rate. Money off offers are a vat inclusive amount unless otherwise stated. If you are in a vat -free zone the discount will be reduced by the vat amount accordingly. The Discount is calculated on the net value of the goods not the vat inclusive value. Discounts cannot be used in conjunction with other offers from us unless stated. Discounts/Offers must be applied at time of ordering, we cannot adjust orders after receipt. Please also read discount-club terms. If you have taken advantage of a multi-buy discount offer and return part of the order for refund, so that the offer would not have applied, the offer and discount no longer applies and will be reflected in the refund value.
|Registered Company Number:||02320918 England & Wales, 1988|
|Registered Office:||15 Cedar Drive, Hatchend, Middlesex, HA5 4BY, UK|
|Directors||James Cookson, Alastair Baxter|
|Website:||shipton.com, shiptonandheneage.co.uk, shiphen.se, shipton.de, shipton-usa.com|
|Head Office Address:||Shipton & Heneage Limited, 117 Queenstown Road, Battersea, London SW8 3RH, UK|
|Telephone:||+44 (0)20 7738 8484|
|Fax:||+44 (0)870 762 4254|