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Terms and conditions


Our details

Hot Elephant Ltd, Company No: 11707221

Our address is: Ashcombe Court Woolsack Way Godalming Surrey GU7 1LQ

How to contact us:

General enquiries and feedback:             hello@hot-ele.com

Order queries and cancellations:             orders@hot-ele.com

Returns:                                                     returns@hot-ele.com

Complaints:                                               complaints@hot-ele.com

Personal Data and privacy enquiries:      privacy@hot-ele.com

 

Please read the terms and conditions (“Terms and Conditions”) set out below carefully before ordering any Goods or Services from this Website.  By ordering any Goods or Services from this Website you agree to be bound by these Terms and Conditions.  The Terms and Conditions do not affect your statutory rights as a consumer.

Definitions

“Agreement” is a reference to these Terms and Conditions, the Privacy Policy, any order form and payment instructions provided to you;

“Goods” is a reference to any goods or products which we may offer for sale from our Website from time to time;

“Privacy Policy” means the policy displayed on our Website which details how we collect and store your personal information/data;

“Service” or “Services” is a reference to any service which we may supply and which you may request via our Website;

“you”, “your” and “yours” are references to you, the person accessing this Website and ordering any Goods or Services from the Website;

“we”, “us” and “our” are references to Hot Elephant Ltd of Ashcombe Court, Woolsack Way, Godalming, Surrey, GU7 1LQ and “Website” is a reference to our Website www.hot-ele.com and www.hot-ele.co.uk on which we offer our Goods or Services.

Placing an Order

Any contract for the supply of Goods or Services from this Website is between you and Hot Elephant Ltd.  You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering.  You also warrant that the credit or debit card details that you provide is your own credit or debit card and that you have sufficient funds to make the payment.

Goods and Services purchased from this Website are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.

Please note that some of our Goods may be suitable for certain age ranges only.  You should check that the product you are ordering is suitable for the intended recipient.

When ordering from this Website you may be required to provide a username and password.  You must ensure that you keep these details secure and do not provide this information to a third party

We will take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

Any order that you place with us is subject to acceptance by us and subject to product availability.  When you place your order online we will send you an email to confirm that we have received it.  Our acknowledgement of an order is not a guarantee of delivery.  If, having checked stock levels, the Goods are unavailable and we are unable to dispatch your order (for example due to factors set out below) we shall notify you by email as quickly as possible. 

We reserve the right not to accept your order at any time prior to acceptance, without providing an explanation.

We reserve the right to cancel your order if any of the following apply:

  • We are unable to process your payment, or payment is later cancelled by a bank or merchant service provider.
  • Payment has been made fraudulently or by illegal means.
  • The goods are unavailable from our stock.
  • The item/s are no longer currently available from the supplier.
  • We have made an error in product pricing, delivery cost or product description.
  • We do not deliver to your address.

In the event that your payment has been received for an order which is subsequently cancelled, you will be refunded the sum that you have paid by the same method (and where applicable to the same debit/credit card used.  In the event that we are unable to credit your original method of payment, we will contact you to arrange an alternate method of refund).

All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future.  We also reserve the right to alter the Goods or Services available for sale on the Website and to discontinue any product line or service.

The contract for the Goods or Services will be accepted at the time of dispatch of your order unless we have notified you that we do not accept your order, or either we or you have cancelled it.  We will confirm this to you in writing.  You must inform us immediately if any details are incorrect.  If your order has not been accepted or cancelled, you will be notified by email.

The Goods shown on the website are a fair representation of the actual terms, although minor details may occasionally vary.

All Products offered are subject to availability.  We will endeavour to identify any “out of stock” products on our website – occasionally, large or frequent orders might mean we run out of stock during the trading day.  If this happens, you will be notified by email.

Prices and Payment

The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.  We reserve the right to alter these in the future.  Prices are inclusive of VAT, where applicable, but exclusive of delivery charges, which will be added to your order.

The total price for Goods or Services ordered, including delivery charges, will be displayed on the Website when you place your order.  Full payment must be made before Goods are dispatched or Services provided.

You must pay for your order before it is dispatched and you can do so by debit or credit card.  Your credit card company may do security checks to confirm it is you making the order.

Delivery

For UK deliveries:

  • Free Standard UK delivery for orders over £20
  • Standard UK Delivery costs £3.95 for orders under £20
  • Express UK Delivery costs £6.95 for all orders

Our standard UK delivery lead times are: 2-5 working days

For express delivery orders within the UK: Dispatch and deliver within 48 hours Monday to Friday.  Please note however, this is not always possible for example, due to bank holidays.  If for any reason there will be a delay to your order, we will do everything we can to inform you of such instances.

For deliveries outside the UK, please contact us at for shipping costs.

Delivery periods quoted at the time of ordering are approximate only and may vary.  Goods shall be delivered to the address nominated by you at the time of ordering.  Deliveries are not made to PO BOX numbers.

Time is not of the essence for the delivery of any Goods or Services supplied under this Agreement.

You must examine the Goods on arrival.  If you are asked for a signature on delivery, you must examine the Goods before signing for them.  We shall make every effort to deliver within the time stated however, we will not be liable for any loss caused to you by late ordering or delivery delays.  We do not offer compensation for delays.  If the Goods are not delivered within the estimated delivery time which we quote, please contact us by email and we will try to ensure that you receive your order as quickly as possible.

No refunds of the delivery charge are made for late deliveries.

Incomplete orders must be notified to us as soon as possible following delivery and in any event, within 24 hours of delivery.  

All risk in the Goods shall pass to you upon delivery.  When an item has been delivered, risk of damage to, or loss of, the item passes to you.

If you fail to accept delivery of the Goods at the time they are ready for delivery, or we are unable to deliver the Goods at the nominated time due to your failure to provide appropriate instructions, documentation, consents or authorisations, then the Goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such Goods shall pass to you.  Any storage, insurance and other costs which we incur as a result of the inability to deliver the Goods shall be your responsibility and you shall indemnify us in full for such cost.

You must ensure that at the time of delivery of the Goods adequate arrangements, including access where necessary, are in place for the safe delivery of the Goods.  We cannot be held liable for any damage, cost or expense incurred to the Goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.

Where delivery is outside the UK, you may be liable to pay additional tax or duty once the Goods reach your country.  This may vary from country to country.  Please contact your local customs office for more information.

Please note that Goods may be subject to inspection by your local customs office where delivery is outside the UK.  You are responsible for any customs duties, taxes, levies for delivery to jurisdictions outside of the UK.

Your Information

    Where we have requested information from you in order to provide Goods or Services, you agree to provide us with accurate and complete information.

    You authorise us to use, store or otherwise process your personal information in order to provide the Goods or Services to you and for credit control purposes (the “Purpose”).  The Purpose may include the disclosure of your personal information to selected third parties where this is required by law or in order to provide the Goods or Service to you.  For more information, please see our Privacy Policy.

    You are entitled to request a copy of the personal information we hold on you. Please contact us by email at privacy@hot-ele.com if you wish to request this information.

    Cancellation and Returns

    Cancellations:

    • You must notify us immediately if you decide to cancel your order by emailing us at orders@hot-ele.com quoting your order number.
    • Goods: The time limit for notification of cancellation is 14 calendar days following receipt by you of the Goods. We cannot guarantee that we will be able to stop your order once we receive notice of cancellation as the Goods may already have been dispatched.  In these cases, the Goods will need to be returned to us in the same condition in which you received them; unopened, with the original packaging in-tact and the original invoice, by tracked courier service, insured to their full retail value, and you shall be responsible for any and all of the return postage/courier costs.
    • Services: The time limit for notification of cancellation is 14 calendar days from the day you ordered and paid for the Services unless you have requested us to commence the Services before the expiry of this period, in which case the cancellation period expires when we begin providing the Services to you.
    • Once we have heard from you that you wish to cancel your order within the stipulated time period, we will refund or re-credit your debit or credit card with the full amount within 28 days which includes the initial delivery charge (where applicable) which you paid for the delivery of the Goods or the Services, as applicable.
    • You must ensure that the Goods are returned to us at our address: Hot Elephant Ltd, Ashcombe Court, Woolsack Way, Godalming, Surrey GU7 1LQ at your cost immediately by tracked courier service and insured for their full retail value, in a new, unopened, unused and re-saleable condition and risk remains with you until we receive the Goods. New and unused means that there are no signs of any opening or usage. We reserve the right to make a deduction from any refund or not to accept an item with any indication it has been opened/attempted to be opened or used.
    • If you cancel a contract on this basis and you do not return the Goods to us, we may recover the Goods and charge you for the costs we incur in doing so.  Similarly, if you return the Goods at our expense, we may recover that expense from you.
    • We may have to cancel an order before the Goods are delivered, due to an event outside our control or the unavailability of stock. We will promptly contact you if this happens.  If we have to cancel an order and you have made any payment for products that have not been delivered to you, we will refund these amounts to you and where applicable to the same debit/credit card used.
    • A full statement of your legal rights under the Consumer Contracts Regulations may be obtained in the UK from your local Citizen’s Advice Bureau or Trading Standards Office.

    Returns where Goods are faulty:

    • Please email us at returns@hot-ele.com to inform us of your wish to return Goods that are faulty, quoting your order number. You must ensure that the Goods are returned to us at your cost immediately by tracked courier service in good condition, unused and insured for their full retail value.
    • The cost of collecting or returning the Goods to us must be paid by you unless we agree that the Goods are faulty or damaged upon receipt by you. All refunds or re-credits will be undertaken within 14 days of us receiving the Goods.
    • Please note that we may withhold reimbursement until we have received the faulty Goods back or you have supplied evidence of having sent the faulty Goods back, whichever is the earliest. We will then reimburse you within 14 days of the earlier of these two events using the same means of payment used for the initial transaction, unless we have agreed otherwise.

    Unless the Goods are faulty or damaged, we are unable to accept cancellations or returns on personalised/made to order or perishable Goods.

    These provisions do not affect any statutory rights that you may have.

    Linked Sites

    There may be a number of links on our Website to third party Websites which we believe may be of interest to you.  We do not represent the quality of the Goods or Services provided by such third parties nor do we have any control over the content or availability of such sites.  We cannot accept any responsibility for the content of third party Websites or the Services or Goods that they may provide to you.

    Complaints

    We take complaints very seriously and aim to respond to your complaints within 14 working days.  All complaints should be sent to us by email to complaints@hot-ele.com

    Limitation of Liability

    Great care has been taken to ensure that the information available on this Website is correct and error free.  We apologise for any errors or omissions that may have occurred.  We cannot warrant that use of the Website will be uninterrupted, error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

    We disclaim any and all liability to you for the supply of the Goods and Services to the fullest extent permissible under applicable law.  This does not affect your statutory rights as a consumer.  If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services.  We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.  This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.

    We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.

    We shall not be liable for any failure or delay in providing Goods and/or Services where such failure or delay results from any cause that is beyond our reasonable control.  Such causes include, but are not limited to: an act of God or those of third parties, power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond our control.

    The products sold by us are provided for private domestic and consumer use only.  Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.

    We have taken reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our computer servers or those of third parties.

    GENERAL

    We may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.

    We may alter or vary the Terms and Conditions at any time without notice to you.

    Payment must be made at the time of ordering the Goods or Services from us. Failure to pay on time will result in the cancellation of your order.

    The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us.  No other terms whether expressed or implied shall form part of this Agreement.  In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.

    If any term(s) or condition(s) of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term(s) or condition(s).

    These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of England and Wales.  The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.

    No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

    It is not intended that the undertakings and obligations of the parties set out in this Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.

     

    Date: December 2018