Hopite Ltd Terms & Conditions

Our terms

  1. These terms
    • What these terms cover. These are the terms and conditions on which we supply products to you,.
    • Why you should read them. Please read these terms carefully before you purchase anything from us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
    • Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
  • You are an individual.
  • You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
    • If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
  1. Information about us and how to contact us
    • Who we are. We are Hopite Limited a company registered in England and Wales. Our company registration number is 10717878 and our registered office is at 3 Redman Court, Bell Street, Princes Risborough, Buckinghamshire, United Kingdom, HP27 0AA Our registered VAT number is  274835178
  • How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
  • “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
  1. Our contract with you

3.1 We use third party services to secure and protect your credit card information and assist your shopping experience. However, any losses incurred or sustained by you in transmitting information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by us. If you are using a public computer, you must sign out when you have finished shopping.

3.2 While we will use all reasonable endeavours to make our Services and website available, we cannot guarantee that they will operate continuously or without interruptions. This could affect bidding or other aspects of an auction or sale.

3.3  All items or goods sold by us are sold as seen and we do not give any warranty as to quality condition or suitability of any goods sold by us nor do we give any warranty that any goods sold by us comply with the any statutory or other requirements  and to the extent permitted by law we exclude all liability in relation to any goods sold by us

Stock Condition

Customer Returns.

Merchandise that was returned by customers for a variety of reasons and may display some signs of use or wear. Items may be ripped, torn, scratched, somewhat non-functional or otherwise damaged, but should be in reasonably good condition. Items often possess noticeable cosmetic blemishes including dents, scratches and other signs of age and handling. Expect that original documentation, additional parts and/or accessories may be missing. Also, expect incomplete sets (for example: only 3 chairs out of a 4 chair set are available)

Inventory Products.

Inventory Products consist of customer returns or company stock items, some of which may have been previously shipped. The condition of the Inventory Products will vary and standard designations regarding a product’s condition will be set forth in the Listing. Sets of Inventory Products named in the Listing may be incomplete (e.g. 1 chair is missing in a set of 4). Hopite Ltd does not warrant that the Listings are accurate, complete, reliable, current or error-free. The Inventory Products are provided to you “as is” for purchase on the Site. The quantity and/or Listed Retail Value (the price for which the products were originally offered on retiler’s website websites) of actual Inventory Products in each lot may vary up to 5 percent (5%) less or greater than the number set forth in the Listing and may include up to 5 percent (5%) quantity and/or Listed Retail Value of more damaged items than designated as “Damaged” in the Listing. Missing parts of sets are not taken into account for this calculation. Accessories such as remote controls, cables and instructions may or may not be included. Inclusion of accessories will be delineated in the Listing.

3.4 If you are successful you must pay for items using credit or debit cards, cheques or banker’s drafts. We may from to time designate the form and method of payment . Payments shall be received in the currency specified on the website and all prices are exclusive of VAT and other applicable taxes, delivery charges and insurance.

  • Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 9am till 5 pm on weekdays (excluding public holidays)
  • If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot
  • If you do not re-arrange delivery. If you do not collect the products from us 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 and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract
  • When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
  • When you own goods. You own a product which is goods once we have received payment in full.

(a) No returns will be accepted and no credit will be allowed for defects or discrepancies in the description or quantity.
(b) This does not affect any statutory rights that you may have to the extent that such rights are not excluded or limited under these terms and conditions.
(c) The goods bought from Hopite Ltd are sold as ‘Trade’ and as a customer purchasing from Hopite Ltd you are not covered by legislation that protects non trade consumers. Regardless of the classification of the stock on sale, all merchandise sold on this site is sold without any form of warranty or guarantee. As a perspective purchaser you need to consider these facts before buying and reflect this is any purchase you make.
(d) Hopite Ltd have the right to dispose of the goods if they have not been collected within seven days of purchase from the date of the invoice.
(e) Under no circumstances should any product purchased though Hopite Ltd be returned to a Source Company of the product for a refund or exchange. Any such accordance will be treated as fraud or attempted fraud and the source company will vigorously pursue legal action to the fullest extent permitted by the law in these circumstances.

(f) We do not refund your shipping charges for pallets being sent out or for pallets being returned back to us. You may also be subject to a handling charge to cover our expense in re-stocking the item, this will of course depend on the circumstances or reason for return.

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  1. Your rights to end the contract
    • You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
      • If what you have bought is misdescribed you may have a legal right to end the contract and  to get some or all of your money back),;
      • If you are a consumer and have just changed your mind about the product, You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
      • In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 5
    • Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then 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.
    • When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
  • products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
  • sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
  • any products which become mixed inseparably with other items after their delivery.
  • How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
    • Have you bought goods if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
      • Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
      • Your goods are for regular delivery over a set period (for example monthly ). In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.

 

  1. How to end the contract with us (including if you are a consumer who has changed their mind)
    • Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
      • Phone or email. Call customer services on 07851 326475 or email us at sales@hopite.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
  • 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 where you bought them, post them back to us at Middleton Mine, Main Street, Middleton by Wirksworth, Derbyshire,  DE44LR or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 07851 32675 or email us at sales@hopite.co.uk for a return label or to arrange collection.  If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
  • How we will refund you. If you are entitled to a refund under these terms 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.
  • When we may make deduction from refunds if you are a consumer 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 a way which would not be permitted in a shop. Please contact us for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
    • The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
    • Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
  • When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
    • If the products are goods and we have not offered to collect them, 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. For information about how to return a product to us, see clause 2.
    • In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
  1. If there is a problem with the product

How to tell us about problems. If you are a consumer and you have any questions or complaints about the product, please contact us. You can telephone our customer service team at  07851 326475 or write to us  at sales@hopite.co.uk, Middleton Mine, Main Street, Middleton by Wirksworth, Derbyshire DE44LR]. [Alternatively, please speak to one of our staff in-store.]

  1. Your rights in respect of defective products if you are a consumer
    • If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, for example [furniture or a laptop], the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. 

b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. 

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.  

See also clause 4

If your product is digital content, for example [a mobile phone app or a subscription to a music streaming service], the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

a) If your digital content is faulty, you’re entitled to a repair or a replacement.

b) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back

c) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation

See also clause 4

If your product is services, for example [a support contract for a laptop or tickets to a concert], the Consumer Rights Act 2015 says:

a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

See also clause 4

  • Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 07851 326475 or email us at sales@hopite.co.uk for a return label or to arrange collection.
  • Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
  1. Our responsibility for loss or damage suffered by you if you are a consumer
    • 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, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    • 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 productsincluding the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed]; and for defective products under the Consumer Protection Act 1987
    • We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 9
  2. Our responsibility for loss or damage suffered by you if you are a business
    • Nothing in these terms shall limit or exclude our liability for:
      • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
      • fraud or fraudulent misrepresentation;
      • breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
      • defective products under the Consumer Protection Act 1987; or
      • any matter in respect of which it would be unlawful for us to exclude or restrict liability.
    • All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
    • Subject to clause 1:
      • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
  1. Other important terms
    • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract
    • You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree.
    • Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms except as explained in clause 2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms].
    • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    • Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and 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.
    • Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
  • Model Cancellation Form for consumer customers

(Complete and return this form only if you wish to withdraw from the contract)

To [TRADER’S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

© Crown copyright 2013.