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Terms of Sale

 

These are the terms and conditions on which we supply products to you. 

1. Information about us and how to contact us

1.1 We are Hytro Limited, a company registered in England. Our company registration number is 12161623 and our registered office is at 2 Park Court, Pyrford Road, West Byfleet, Surrey, England, KT14 6SD. Our registered VAT number is 332376511. 

1.2 You can contact us by writing to us at our registered office or by email at customersupport@hytro.com.

1.3 If we have to contact you we will do so by telephone or by writing (including by email) to you at the email address or postal address you provided to us in your order. 

 

2. Our contract with you

2.1 How we will accept your order. Our acceptance of your order will take place when you are assigned an on screen order number, an email will also be sent by us, at which point a contract will come into existence between you and us. 

2.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email and will not charge you for the product. 

2.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order

 

We sell mainly to the UK. Our website is mainly for the promotion of our products in the UK. If you are outside the UK you may need to pay domestic import duties and value added and other taxes in the country of delivery.  You are solely responsible for these, and if you fail to pay such charges and the parcel is returned to us, a shipping and handling fee will be deducted from your refund.

 

3. Our products

3.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Your product may vary slightly from those images. 

3.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website. 

3.3 Making sure your measurements are accurate. If we are making the product to measurements you have given us, you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website.

 

4. Your rights to make changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7 – Your rights to end the contract).

 

5. Our rights to make significant changes

5.1 We may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

 

6. Providing the products

6.1 Delivery costs. The costs of delivery will be as displayed to you on our website.

6.2 We will deliver products to you as soon as reasonably possible and in any event within 40 days after the day on which we accept your order (other than pre-orders, which will be delivered within the timeframe set out on our website). 

6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. 

6.4 If you are not at home when the product is delivered. Please be aware that our service is not a named delivery service. We will not be liable for a lost or missing order that has been signed for in a building, for example, an office address that has been provided for delivery. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we (or our subcontractor) will leave you a note or email you informing you of how to rearrange delivery or collect the products from a local depot.

6.5 If you do not re-arrange delivery. If you do not collect the products as arranged, or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.

6.6 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:

(a) we have refused to deliver the goods;

(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c) you told us before we accepted your order that delivery within the delivery deadline was essential.

6.7 When you become responsible for the goods. A product(s) will be your responsibility from the time we deliver the product to the address you gave us.

6.8 When you own goods. You own a product(s) once we have received payment in full.

 

7. Your rights to end the contract

7.1 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 5.1);

(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c) there is a risk that supply of the products may be significantly delayed because of events outside our control; 

(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or

(e) you have a legal right to end the contract because of something we have done wrong, for example, late delivery of the product (see clause 6.6). 

7.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. 

7.3 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the goods.

7.4 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. The contract is completed when the product is paid for and delivered. If you want to end a contract before it is completed where we are not at fault and you have changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct reasonable compensation for the net costs we will incur as a result of your ending the contract.  

 

8. How to end the contract with us (including if you have changed your mind)

8.1 Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at customersupport@hytro.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. 

8.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to us or post them back to. Please email us at customersupport@hytro.com for a return label. 

8.3 When we will pay the costs of return. We will pay the costs of return:

(a) if the products are faulty or misdescribed;

(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

(c) if you are exercising your right to change your mind.

In all other circumstances you must pay the costs of return.   

8.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

8.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in an unreasonable way. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. 

Unless defective, products must be unworn and unwashed with all tags still attached. Our packaging is considered to be a part of the product and must be returned with the goods. This is also to ensure that the product(s) arrive back to us in a saleable and undamaged state. Returns that are damaged or soiled, or that have been worn, or that do not have all tags still attached, will not be accepted and will be sent back to the customer and/or a refund refused.

8.6 When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.

 

9. Our rights to end the contract

9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

(b) you do not provide us with information that is necessary for us to provide the products, within a reasonable time of us asking for it; or

(c) you do not allow us to deliver the products to you within a reasonable time.

9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you for reasonable compensation for the net costs we will incur as a result of your breaking the contract.

9.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. 

 

10. If there is a problem with the product:

10.1 How to tell us about problems. If you have any questions or complaints about the product, please email us at customersupport@hytro.com.

10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. The Consumer Rights Act 2015 says that goods must be as described, fit for purpose and of satisfactory quality. 

10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. Please email us at customersupport@hytro.com for a return label.

 

11. Price and payment

11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. 

11.2 What happens if we got the price wrong? It is always possible that our products may be incorrectly priced. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

11.3 When you must pay and how you must pay. We accept payment with the methods advertised on our website. 

 

12. Our responsibility for loss or damage suffered by you

12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. 

12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products. 

12.3 We are not liable for business losses. If you are a business, subject to clause 12.2, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.4 Our total aggregate liability subject to clause 12.2, under these terms whatsoever (whether in contract, tort, breach of statutory duty or restitution) for any direct, indirect or consequential loss, howsoever caused will be limited to 3 x the sums you have paid to us. 

 

13. How we may use your personal information

13.1 We will only use your personal information as set out in our Privacy Notice [LINK].

 

14. Intellectual property

14.1 Nothing in these terms grants you any rights to use our intellectual property rights. Any use of our intellectual property rights by you will require our prior written permission.

 

15. Other important terms

15.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.2 If a court finds part of this contract illegal, the rest will continue in force. 

15.3 Even if we delay in enforcing this contract, we can still enforce it later.

 

16. Which laws apply to this contract and where you may bring legal proceedings. 

These terms are governed by English law. 

You can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.