Terms & Conditions
We welcome you to the Henry Higgs website and thank you for visiting. We ask that you review the following basic terms that govern the use of the website. By using Henry Higgs’ website you agree to follow and be bound by these terms. These terms may be changed from time to time and your use of the website following any such changes shall confirm your agreement to follow and be bound by the terms as modified.
Purchases from the website are governed by our Terms and Conditions of Sale.
All of the content on this website including product images, illustrations, designs, icons, photographs, artwork, images, and any video and/or audio materials are intellectual property owned and controlled exclusively by Henry Higgs.
The content of Henry Higgs’ website is intended for personal non-commercial (aside from purchases by you from our website) use by visitors to the website. You may download to a local hard disk and print extracts from this website for your personal use. However, you may not otherwise copy, reproduce, publish, transmit, or otherwise use any website content without Henry Higgs’ prior written consent.
Links may be established on Henry Higgs’ website to those owned by third parties. Any links on the website are provided solely for the use and convenience of the visitor and do not mean that we have any association with the linked website. Henry Higgs does not control any such third party websites and Henry Higgs is not responsible for the content of any website or any damages you may suffer from using such third party sites. We are not liable for any loss, damage, expense costs or liability whatsoever incurred by you as a result.
Any comments or feedback submitted by users of the website shall be and remain the property of Henry Higgs. Henry Higgs is under no obligation to pay for or respond to any such comments or feedback provided by users.
Matter you may submit to Henry Higgs
You agree to fully indemnify Henry Higgs, its shareholders, officers, directors, employees, agents, distributors, vendors, and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of any of these terms and conditions, including, but not limited to, any allegations, damages or claims relating to any of your postings or communications in any forums or facilities on the website, or for infringement or violation of any third-party rights.
Use of the website
You will not:
interfere or attempt to interfere with the proper operation of the website, or take any action which is likely to cause the website to be interrupted or degraded; or attempt to gain unauthorised access to the computer system of Henry Higgs or that of any other user; or upload files that contain viruses, trojans, worms, logic bombs, corrupted files, or any other similar software or programs that may damage the operation of Henry Higgs’ computer or that of another.
We do our best to ensure that the website operates properly at all times, but we make no warranties as to the availability or accessibility of the website. The website is provided on an ‘as is’ and ‘as available’ basis, without warranty of any kind, neither expressed or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose.
We also try to ensure that the information on the website is accurate at all times, however, we cannot warrant the accuracy of any information and we will not be held liable for any use or reliance you may make of or put on it.
You use Henry Higgs’ website at your own risk and you assume all responsibility. Henry Higgs will not be responsible for any damages you may suffer as a result of your use from this website.
Terms and Conditions of Sale
These are the terms and conditions of sale (the “Terms of Sale”) which apply to your purchase of goods bought through the website at www.henryhiggs.co.uk (the “Site”). The Site and the goods supplied through it are provided by Henry Higgs London Ltd, a limited company incorporated in England and Wales under company number 9060969, registered at 5 Woodgates Farm Business Units, Woodgates End, Broxted, Dunmow Essex CM6 2BN (referred to here as “we”, “us” and “our”). When we refer to “you” and “your” we mean you, the user of the Site and purchaser of goods.
We reserve the right to change the Terms of Sale and the Additional Policies at any time. Any changes to the Terms of Sale or the Additional Policies will be effective for all new orders placed after the change is published on the Site. You should check the Terms of Sale and Additional Policies posted on the Site before each order – they may have changed since your last visit.
Nothing in these Terms and Conditions of Sale will affect your statutory rights. If you have any questions about the Terms of Sale, any of the Additional Policies, the goods or the Site please contact us by visiting us at www.henryhiggs.co.uk. Alternatively you can speak to an advisor by calling 08450 264 333 or you can contact us by e-mail at email@example.com.
PART A – INFORMATION ABOUT THE SITE AND THE GOODS
This PART A sets out some important information about the Site and the goods which are offered for sale on the Site.
Information provided on the Site
We try to make sure that all information on the Site, including descriptions of our goods and listed prices, is accurate and correct at all times. However, mistakes do happen. We will try to resolve all errors in information on the Site as soon as reasonably possible and if we think that such an error has affected your order we will make all reasonable efforts to notify you via the contact information you provided to us on your account or during your order.
Buying goods over the internet provides a different shopping experience from buying in-store. In particular, you should be aware that: the colours of goods as shown on the Site will depend on many factors – including your display settings; being made from a natural product please understand that no two pairs of Henry Higgs wooden sunglasses will be exactly alike. Product photos on this website should be used solely as a guide to what a product will resemble. the actual sizes and shapes of the goods may differ from how they appear on your screen; pictures and images on the Site are for illustration purposes only. For an accurate description of any item and details of what is included with the item, please refer to the corresponding written description. all goods are subject to availability and we may not be able to supply your order. We reserve the right to withdraw any goods from sale at any time, and our only liability to you for withdrawing any goods will be to refund to you any money paid to us in respect of those goods which we are no longer able to supply; we will do our best to arrange delivery of your goods within a reasonable time of ordering. Please see PART B below for more information about delivery; we reserve the right to adjust prices, goods and special offers at our discretion.
We will do our best to check the Site for viruses but we do not warrant that the Site is free of viruses or other malicious content. For your own benefit, you should make sure that you have appropriate software and systems in place to check for viruses and other malicious content on the internet.
We have the right at any time to modify or stop providing the Site and to stop selling any or all goods through it, either temporarily or permanently and with or without notice. We shall not be liable to you for any modification, suspension or discontinuance of availability of the Site.
It is your responsibility to ensure that any login details or password and all other details in relation to your account remain confidential at all times. You agree to let us know as soon as possible if you know or reasonably suspect that the security of your account is at risk.
PART B – BUYING GOODS
This PART B sets out the terms that apply to your purchase of goods from the Site.
Placing your Order
Once you have selected the goods which you would like, you will be asked to register your personal details with us by completing a registration form. Registration is not required; however we encourage registration in order to facilitate the checkout process during future orders on the Site. You always have the option to complete your order as a “guest” without registering on the Site. You will also be asked to provide details about your debit or credit card in order to allow us to take payment for those products that have been ordered. Where we use a third party card authorisation service to verify that your details are correct and to administer payment on our behalf, your personal details, including your credit card details, will be transferred to such third party and you specifically consent to your data being transferred for such purposes. When you place an order for goods via the Site, your order constitutes an offer to purchase goods from us. Where you order more than one item, your order comprises a series of offers for each item individually.
After placing an order with us, you will access an order confirmation webpage and receive an order confirmation email (together the “Order Confirmations”). The Order Confirmations set out the final details of the order which you have submitted to the Site. Please take care when placing your order, as you will be unable to add to or amend your order after we send the Order Confirmations.
The Order Confirmations contain details of the goods you have ordered, the total cost of the order including delivery and an order number. Once your order has been shipped, we will send you a shipping confirmation email. You should print off a copy of the invoice email and keep them safe. You will need to refer to these details when contacting us about your order.
All orders are subject to acceptance by us. We will confirm acceptance to you by sending you an email that confirms that the goods ordered by you have been dispatched (the “Shipping Confirmation”). The contract between you and us, which shall incorporate these Terms of Sale, will be formed only when we issue the Shipping Confirmation to you. The contract will relate only to those goods whose dispatch we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other goods which may have been part of your order, until the dispatch of such goods has been confirmed in a separate Shipping Confirmation. In the case of goods that are made to order (such as custom sunglasses) acceptance of your order takes place at the point at which we send out our Order Confirmations. Please be aware that different cancellation rights apply to goods that are made to order, see our Returns Policy for more details. Although we hope to be able to supply all goods ordered, we reserve the right, at our discretion and without the need to give reasons, not to accept any offer at any time before it has been accepted. Should we refuse your order we will notify you as soon as reasonably possible.
We will take payment from your credit or debit card at the time your order is placed. You will receive an email detailing what items have been ordered (the “Invoice Email”). We will contact you if we have any problems taking payment from the card details you provide during the order process. Unless otherwise stated, all prices shown on the Site are inclusive of VAT and other applicable taxes. Except where otherwise set out in these Terms of Sale, the price payable by you for the goods is the price given by the Site at the time you place your order. In most cases the delivery fee payable by you for your order will be that which is given by the Site at the time you place your order. However, you agree that we may increase the delivery fee if your order requires multiple deliveries, or if the value of your order or quantity or size of the goods to be delivered is such that we reasonably consider that it is appropriate for us to recover (or partially recover) our additional expenses in delivering the goods to you. We will always notify you in advance of any change to the delivery fee, and if you do not wish to continue with your order and pay the amended delivery fee you may cancel your order and receive a full refund.
Whilst we try to ensure that all the prices on the Site are accurate, errors may occur. If we discover an error in the price of the goods you have ordered we will inform you as soon as reasonably possible. You will then be given the option of re-confirming your order at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you by email. If you decide to cancel your order after we have informed you of a pricing error and you have already paid for the goods, we will give you a full refund as soon as reasonably possible (and in any event within thirty (30) days of cancellation).
The Order Confirmations will include general information about your order but will not include a delivery date for your goods.
We will then send you a separate Shipping Confirmation email. Delivery will take place at the delivery address specified by you during the order process, and will be subject to the following conditions:
We do not deliver to P.O. boxes; although we allow you to specify a different delivery address from your billing address, you are solely responsible for ensuring that we are able to make delivery to this address and that you are available to accept delivery at this address on the delivery date; if delivery cannot be made due to the nature of the premises, because there is insufficient access or for any reason that is not within our reasonable control (including your absence at the time of delivery), you agree to pay our reasonable additional fees for storage and redelivery, including an administration fee for re-arranging delivery. We will inform you of the cost of these fees as soon as reasonably practicable, and you will have the option of reconfirming your order including the additional fees, or cancelling your order (except in the case of made to order goods, which cannot be cancelled after the Order Confirmations have been sent). If you cancel your order we will refund the purchase price of the goods, but you agree that we may retain your original delivery fee in compensation for the time and expenses incurred for the failed delivery; and once the goods have been delivered to you, you become the owner of those goods and from that point they will be at your risk. This means you will be liable for any subsequent damage, loss or destruction. Where delivery is being made by parcel courier, delivery will be made only to the point of entry of the delivery address. On delivery you will be required to check the condition of the packaging and whether the correct number of packages have been delivered. You must let us know about any damaged, missing and/or incorrect goods within a reasonable period of time after you have had an opportunity to inspect the goods.
PART C – CANCELLING YOUR ORDER AND RETURNING GOODS
We have different return processes for made to order goods and finished goods due to the nature of made to order goods and we have set these out below.
“Made to order” goods
Cancelling your order. Orders for goods that are produced to your specification cannot be cancelled after the Order Confirmations have been sent to you due to the fact that they have been created specifically for your use and cannot be resold by us.
Cancelling your order. You may cancel your order for all finished goods at any time up until we accept your order, which is the date that we send you the Shipping Confirmation email, in accordance with PART B of these Terms of Sale. We also offer a 14 day returns period, allowing you to cancel your contract in respect of the goods for up to 14 days after they have been delivered. You can cancel all or part of the contract. You agree to take reasonable care of the goods and to return all unwanted goods to us at your cost. Please read our Returns Policy for more information about our 14 day return period and returning the goods.
Faulty goods. If you discover that your goods are faulty then you may return them to us. Please read our Returns Policy for more information about our return period and how to return the goods.
PART D – GENERAL TERMS ABOUT OUR RELATIONSHIP WITH YOU
Henry Higgs London Ltd is a limited company incorporated in England and Wales under company number 9060969, with registered office at 5 Woodgates Farm Business Units, Woodgates End, Broxted, Dunmow Essex CM6 2BN.
If you would like more information about us, or want to get in touch with us, please contact us at by visiting www.henryhiggs.co.uk. Alternatively you can speak to an advisor by calling 08450 264 333 or you can contact us by e-mail: firstname.lastname@example.org
Our Liability to you
Our entire liability to you under these Terms of Sale and Additional Policies shall not exceed the price paid for the goods you have purchased through the Site, provided that we take reasonable care when we deliver the goods to you.
Neither we, nor any of our employees or representatives will be liable to you, whether in contract, tort, statute or otherwise, for any damages, losses, costs, claims, liabilities or expenses of any kind howsoever arising including any indirect or consequential loss, loss of revenue, profits, anticipated savings, goodwill or business opportunity, for any injury to your reputation or for any losses that are not reasonably foreseeable by both of us at the time your order is accepted.
We do not in any way limit our liability to you for death, personal injury or fraud.
Where you buy as a consumer, these Terms of Sale and the Additional Policies will not affect your rights under law which cannot be otherwise excluded.
Events Beyond Our Reasonable Control
We will not be responsible for any delay or failure to comply with these Terms of Sale or the Additional Policies if the delay or failure arises from any event which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods or by reason of any act done pursuant to a trade dispute or shortages of labour.
Delay in our exercising or failure to exercise any right or remedy under these Terms of Sale, shall not constitute a waiver of our rights and remedies under these Terms of Sale.
In the event that one or more of the terms set out in these Terms of Sale or in the Additional Policies is held to be invalid by a competent authority, the remaining terms of the Terms of Sale and the Additional Policies shall continue to have effect and you will still be bound by them.
Third Party Rights
Except as expressly agreed in these Terms of Sale, a person who is not a party to this agreement between you and us shall have no rights pursuant to the Contracts (Rights of Third Parties) Act 1999 (the "Act") to enforce any term of this agreement. Any right or remedy of a third party which exists or is available apart from the Act is not affected.
This agreement is governed and shall be construed in accordance with English law. Any claims or disputes arising out of or in connection with under these Terms of Sale or any of the Additional Policies shall be subject to the exclusive jurisdiction of the courts of England and Wales.