Terms & Conditions

Terms And Conditions

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND
RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE

1. Format of the Contract

1. These terms of sale apply to all goods supplied by Hummingwood
LIMITED, whose registered office is at
4b deodar road, London, SW15 2NN, England.
Company Number 9294820
(The Supplier)

2. No contract
exists between you and the Supplier for the sale of any goods until the
Supplier has received and accepted your order.

3. An acceptance of
your offer to buy the goods will be sent shortly after your order. However, we
do have the right to terminate the contract in the event that the goods are
unavailable, mis-priced or cleared funds are not received.

4. The contract is
subject to your right of cancellation (see below).

5. The Supplier may
change these terms of sale without notice to you in relation to future sales.

2. Description and price of the goods

1. The description
and price of the goods you order will be as shown on the Supplier´s website at
the time you place your order.

2. The goods are
subject to availability. If on receipt of your order the goods you have ordered
are not available in stock we will not accept your order. If after acceptance
or job order the Supplier discovers within [14 days] of our acceptance of your
order that the goods are unavailable we may terminate the contract and refund
or re-credit you for any sum that has been paid by you or debited from your
credit card for the goods.

3. Every effort is
made to ensure that prices shown on the Supplier´s website are accurate at the
time you place your order. If an error is found within 14 days of accepting
your order, the Supplier will inform you as soon as possible and offer you the
option of reconfirming your order at the correct price, or cancelling your
order. If the Supplier does not receive an order confirmation within 14 days of
informing you of the error, the order will be cancelled automatically. If you
cancel the order, or if the order is cancelled automatically due to the expiry
of the 14-day period, the Supplier will refund or re-credit you for any sum
that has been paid by you or debited from your credit card for the goods.

4. In addition to
the price, you may be required to pay a delivery charge for the goods. These
are displayed clearly on the Supplier’s website.

3. Payment

1. Payment for the
goods and delivery charges can be made by any method shown on the Supplier´s
website at the time you place your order. Payment shall be due before the delivery
date and time for payment shall be a fundamental term of this agreement, breach
of which shall entitle the Supplier to terminate the contract immediately.

2. There will be no
delivery until cleared funds are received.

3. Payments shall
be made by you without any deduction whatsoever unless you have a valid court
order requiring an amount equal to such deduction to be paid by the Supplier to
you.

4. Delivery

1. The goods you
order will be delivered to the address you give when you place your order, except
that some deliveries are not made outside the United Kingdom.

2. Orders placed
before 2.00 pm on a working day will be processed that day and will be
delivered as per the requested delivery option provided no additional security
checks are required and all stock items are available. (A working day is any
day other than weekends and bank or other public holidays.)

3. If delivery
cannot be made to your address for reasons under the Supplier´s control the
Supplier will inform you as soon as possible.

4. If you
deliberately fail to take delivery of the goods (otherwise than by reason of
circumstances under control of the Supplier) then without prejudice to any
other right or remedy available to the Supplier, the Supplier may:

4.1. Store the goods until actual delivery and charge you for reasonable costs
(including insurance) of storage, or;

4.2. Sell the goods at the best readily obtainable price and (after deducting
all reasonable storage and selling expenses) account to you for any excess over
the price you agreed to pay for the goods or charge you for any shortfall below
the price you agreed to pay for the goods.

5. If you fail to
take delivery because you have cancelled your contract under the Distance
Selling Regulations the Supplier shall refund or re-credit you within 30 days
for any sum that has been paid by you or debited from your credit card for the
goods. On exercising your right to cancel you shall be required to return the
goods to the Supplier. Should you fail to return the goods, the Supplier
reserves the right to deduct any direct costs incurred by the Supplier in
retrieving the goods as a result of such failure.

6. Every effort
will be made to deliver the goods as soon as possible after your order has been
accepted. However, the Supplier will not be liable for any loss or damage
suffered by you through reasonable or unavoidable delay in delivery. In this
case, the Supplier will inform you as soon as possible.

7. Upon receipt of
your order you will be asked to sign for the goods received in good condition.
If the package does not appear to be in good condition then please refuse the
delivery. Please note that signing for the delivery as “UNCHECKED” is
not acceptable.

8. If you allow the
courier to leave the item without a signature (either following the order, or
by specifying when placing your order that goods can be left) then the goods
are left at your own risk from loss, theft or damage.

5. Risk/Title

1. The goods are at
your risk from the time of delivery.

2. Ownership of the
goods shall not pass to you until the Supplier has received in full (in cash or
cleared funds) all sums due to it in respect of:

2.1. The goods, and

2.2. All other sums which are or which become due to the Supplier from you on
any account.

3. The Supplier
shall be entitled to recover payment for the goods even though ownership of any
of the goods has not passed from the Supplier.

6. Title for Business Customers

1. If you are a
business customer until ownership of the goods has passed to you, you must:

1.1. store the goods (at no cost to the Supplier) separately from all your
other goods and goods of any third party in such a way that they remain readily
identifiable as the Supplier´s property

1.2. not destroy, deface or obscure any identifying mark or packaging on or
relating to the goods maintain the goods in satisfactory condition and keep
them insured on the Supplier´s behalf for their full price against all risks to
the reasonable satisfaction of the Supplier. On request you shall produce the
policy of insurance to the Supplier and

1.3. hold the proceeds of the insurance referred to in condition 6.1.2 on trust
for the Supplier and not mix them with any other money, nor pay the proceeds
into an overdrawn bank account.

2. If you are a business customer your right to possession of the goods shall
terminate immediately if:

2.1. you have a bankruptcy order made against you or make an arrangement or
composition with your creditors, or otherwise take the benefit of any statutory
provision for the time being in force for the relief of insolvent debtors, or
(being a body corporate) convene a meeting of creditors (whether formal or
informal), or enter into liquidation (whether voluntary or compulsory) except a
solvent voluntary liquidation for the purpose only of reconstruction or
amalgamation, or have a receiver and/or manager, administrator or
administrative receiver appointed of its undertaking or any part thereof, or a
resolution is passed or a petition presented to any court for your winding up
or for the grant_ing of an administration order in respect of you, or any
proceedings are commenced relating to your insolvency or possible insolvency or

2.2 you suffer or allow any execution, whether legal or equitable, to be levied
on your property or obtained against you or you are unable to pay your debts
within the meaning of section 123 of the Insolvency Act 1986 or you cease to
trade or

2.3. you encumber or in any way charge any of the goods.

7. Your right of cancellation

1. You have the
right to cancel the contract at any time up to the end of 14 working days after
you receive the goods (see below).

2. To exercise your
right of cancellation, you must give written notice to the Supplier by hand,
post, or email to sales@originalorganics.co.uk giving details of the goods
ordered and (where appropriate) their delivery. Notification by phone is not
sufficient.

3. Except in the
case of faulty or misdescribed goods, if you exercise your right of
cancellation after the goods have been delivered to you, you will be responsible
for returning the goods to the Supplier at your own cost. The goods must be
returned to the address provided to you by the Supplier (usually the Supplier’s
registered office). You must take reasonable care to ensure the goods are not
damaged in the meantime or in transit. In the case of faulty or misdescribed
goods we shall, after receiving notification in accordance with clause 8.3 or
8.4, either collect the goods from you or ask you to return the goods yourself
and possibly refund you the reasonable postage costs.

4. Once you have
notified the Supplier that you are cancelling the contract, the Supplier will
refund or re-credit you within 30 days for any sum that has been paid by you or
debited from your credit card for the goods.

5. Except in the
case of faulty or misdescribed goods, if you do not return the goods as
required, the Supplier may charge you a sum not exceeding the direct costs of
recovering the goods.

8. Warranty

1. All goods
supplied by the Supplier are warranted free from defects for 12 months from the
date of supply (unless otherwise stated). This warranty does not affect your
statutory rights as a consumer.

2. This warranty
does not apply to any defect in the goods arising from fair wear and tear,
wilful damage, accident, negligence by you or any third party, use otherwise
than as recommended by the Supplier, failure to follow the Supplier´s
instructions, or any alteration or repair carried out without the Supplier´s
approval.

3. If the goods
supplied to you are damaged on delivery, you should notify the Supplier in
writing via post or email website within 3 days.

4. If the goods
supplied to you develop a defect while under warranty or you have any other
complaint about the goods, you should notify the Supplier in writing via post
or email, as soon as possible, but in any event within 14 days of the date you
discovered or ought to have discovered the damage, defect or complaint.

9. Limitation of Liability

1. Subject to 9.2
below, if you are a consumer the Supplier shall not be liable to you for any
loss or damage in circumstances where:

1.1. There is no breach of a legal duty owed to you by the Supplier or by its
employees or agents

1.2. Such loss or damage is not a reasonably foreseeable result of any such
breach

1.3. Any increase in loss or damage resulting from breach by you of any term of
this contract.

2. Nothing in these
conditions excludes or limits the liability of the Supplier for death or
personal injury caused by the Supplier´s negligence or fraudulent
misrepresentation.

3. If you are a
business customer the Supplier shall not be liable to you for any indirect or
consequential loss or damage (whether for loss of profit, loss of business,
depletion of goodwill or otherwise), costs, expenses or other claims for
consequential compensation whatsoever (howsoever caused) which arise out of or
in connection with this agreement.

10. Data Protection

1. The Supplier
will take all reasonable precautions to keep the details of your order and
payment secure but unless the Supplier is negligent, the Supplier will not be
liable for unauthorised access to information supplied by you.

2. These Terms and
Conditions should be read in conjunction with our Privacy Policy, details of
which are available on the Supplier’s website.

11. Images

1. Product images
are for illustrative purposes only and may differ from the actual product.

These terms of sale
and the supply of the goods will be subject to English law and the English
courts will have jurisdiction in respect of any dispute arising from the contract,
save that consumers resident in Scotland shall have the right to insist upon
these terms being construed in accordance with the laws of Scotland and to
submit to the jurisdiction of Scottish court.