Terms & Conditions
Haldane Fisher Terms & Conditions
1. These terms
1.1 These are the terms and conditions (the "Terms") on which we supply any products or services to you. Please read these terms carefully.
1.2 These terms tell you who we are, how we will provide products and services to you, how you and we may change or end your contract with us, what to do if there is a problem and other important information. Please read these terms carefully before you submit any order for products or services from us, because by doing so, you agree to be bound by these Terms. If you do not agree to these Terms you should not order any products or services from us. If you think that there is a mistake in these terms please let us know.
2. Information about us and how to contact us
2.1 We are Haldane Fisher Limited ("Haldane Fisher"), a company registered in Northern Ireland. Our company registration number is NI024075 and our registered office is at Shepherds Way, Carnbane Industrial Estate, Newry, Co.Down, BT35 6QQ.
2.2 In these Terms, when we say:
2.2.1 you or your, we mean you, the customer ordering and purchasing Products;
2.2.2 we, us or our, we mean the Haldane Fisher entity from whom you purchase Product(s), being (depending on the circumstances):
(a) Haldane Fisher Limited (which includes Key Hardware and G E Robinson & Co); or
(b) Haldane Fisher (IOM) Ltd.
2.3 You can contact us by:
2.3.1 telephoning our customer service team at 0800 433 4388 or your normal branch contact or
by writing to us at [email protected].
2.3 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.
2.4 When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 Each order you place and purchase of product(s) ("(s)") you make is subject to these Terms, and any additional terms that apply to any quote we may give or any promotional or special offers (together with our agreement)
3.2 Your order is an offer to purchase from us. When you place an order with us (or otherwise offer to make a purchase from us), you do so in accordance with the terms of our agreement, subject to our acceptance of your order (or offer to make a purchase).
3.3 If you place an order with us there will be different methods of acceptance:
3.3.1 where you place an order in-store, we accept your order when we provide you with confirmation confirming that the order has been placed and processed;
3.3.2 when you place an order by telephone, we accept your order when we confirm that the order has been placed and processed; and
3.3.3 when you place an order via our website, we will send you an email acknowledging receipt of your order, together with your order number and details of the Product(s) you have ordered. Our acceptance of your order will take place when we send you an email confirmation that your order has been accepted at which point a contract will come into existence between you and us.
3.4 Where you place an order for Products that are customised or made to your specifications (which can be done in-store, on the telephone or online) we accept your order when we start to customise those Products.
3.5 If we are unable to accept your order, we will inform you of this and will not charge you for the Product or service. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.
3.6 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.7 Our website is solely for the promotion of our products in the UK (including the Isle of Man but not including the Channel Islands or the Scottish Highlands which are not covered by our delivery network) and the Republic of Ireland. Unfortunately, we do not accept orders from or deliver to addresses outside the UK and the Republic of Ireland.
3.8 By placing an order with us through our website, you confirm that you are at least 18 years old.
3.9. For safety reasons, we reserve the right to restrict sales of gas fittings and appliances to professionally registered plumbers and heating engineers. We also restrict the sale of harmful products, including but not limited to, knives and certain solvent adhesives.
3.10 You may place an order with us for products and services either:
3.10.1 in the course of a business, trade or profession (a Business Customer); or
3.10.2 outside the course of a business, trade or profession (a Consumer).
3.1.1 Please note your rights will vary according to whether you are acting as a Business Customer or a Consumer.
4. Our products
4.1 The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your product may vary slightly from those images. If you are concerned about the precise size, weight, capacity, specifications, dimensions or measurements of any Product you require, we recommend that you contact us prior to placing an order and/or purchasing a Product.
4.2 If your order includes Products that are made according to measurements you provide us, please ensure these measurements are correct and accurate as your right of return as set out in clause 8 below will not be available unless the Products are faulty or incorrectly delivered. Please note that timber sizes are subject to tolerances and may vary subject to their environment and may not therefore qualify as faulty.
4.3 Where we agree to provide a specifically designed plan as part of or in connection with your order, you will be responsible for checking the accuracy and suitability of the plan and ensuring it meets your requirements before placing an order. You are responsible for checking that the details of the plan, and any resulting quotation, are complete, accurate, and meet your requirements before committing yourself to an order.
4.4 Product packaging may vary. The packaging of the Product may vary from that shown in images on our website.
4.5 Make sure your measurements are accurate. If we are making the Product to the 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 or by contacting us.
4.6 When you purchase timber from us, please note this is not tested or sold as fit for any particular purpose. You should satisfy yourself that the timber is suitable for the task you require of it and if you are unsure please contact us to discuss your requirements.
5. All Products are subject to availability. If you order Products that are not available from stock, we will take reasonable steps to contact you to discuss how you wish to proceed. You will have the option to wait until the Products are available from stock, or cancel your order. If the Products are unlikely to be restocked (or we are unable to contact you), we will cancel your order for those Products and refund the price you have paid for those Products.
6. 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 8- Your rights to end the contract).
7. Providing the Products
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website when ordering online. If ordering on the telephone or in store this information will be provided to you. Delivery charges vary depending on the Product(s) you order, the delivery address and the delivery method you select. Please contact us or ask a representative in store to discuss the applicable delivery costs.
7.2 When we will provide the Products.
(a) If the Products are goods. If the Products are goods we will deliver them to you as soon as reasonably possible and we will contact you with an estimated delivery date;
(b) If the Products are one-off services. We will begin the services on the date agreed with you during the order process.
7.3 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. 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. This does not apply to special bespoke orders.
7.4 Collection by you. If you have asked to collect the Products from our premises, you can collect them from us during the opening hours of the relevant branch.
7.5 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 branch.
7.6 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 and clause 10.2 will apply.
7.7 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 2 will apply.
7.8 When you own goods. You own a product which is goods once we have received payment in full or we have provided the Product to you (whichever occurs later). We may, before ownership of the Products passes to you, require you to deliver up the Products to us and, if you fail to do so, may repossess the Products. You grant us an irrevocable licence to enter, with or without vehicles, any of your premises for the purpose of inspecting or repossessing the Products.
7.9 What will happen if you do not give the required information to us. We may need certain information from you so that we can supply the Products to you. If so, this will have been stated in the description of the Products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.10 Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a product to;
(a) deal with technical problems or make minor technical changes;
(b) update the Product to reflect changes in relevant laws and regulatory requirements;
(c) if the manufacturer recalls the Products or there is an issue relating to Product safety;
(d) make changes to the Product as requested by you or notified by us to you
7.11 We may suspend the supply of the Products if you do not pay. If you do not pay us for the Products when you are supposed to and you still do not make payment within seven days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. As well as suspending the Products we can also charge you interest on your overdue payments.
8. Your right to end the contract
8.1 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 and when you decide to end the contract. Please keep your proof of purchase for anything you buy from us. Although you are not obliged to, doing so will ensure we can help you if you need to bring something back.
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you have just changed your mind about the Product, see clause 8.3. 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;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.5.
8.2 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 (d) 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 6.2);
(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 four weeks; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 When you don't have the right to change your mind. You do not have a right to change your mind in respect of
(a) Products that are cut, made to measure or mixed to your requirements, or otherwise customised or made to your specifications will not be exchanged or refunded unless they are faulty or incorrectly delivered;
(b) Products that are liable to deteriorate or expire rapidly, including perishable Products such as plants or turf, will not be exchanged or refunded unless they are faulty or incorrectly delivered;; and
(f) any products which become mixed inseparably with other items after their delivery.
8.4 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. For goods (you have 7 days after the day you (or someone you nominate) receives the goods, unless:
(ii) Your goods are for regular delivery over a set period. In this case, you have until 7 after the day you (or someone you nominate) receives the first delivery of the goods.
8.5 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 (see clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the Product is delivered and/or paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not 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 from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following
(a) Phone or email. Call customer services on the number of the branch where you purchase the order or email us at [email protected]. Please provide your name, home address, details of the order, and, where available, your phone number and email address.
(b) Online. Call the customer care line on 0800 433 4388 or complete the contact form at https://www.haldane-fisher.com/contact/.
9.2 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 in the same manner in which you received them. You must either return the goods in person to where you bought them, post them if bought online or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 0800 433 4388 or email us at [email protected] for a return label or to arrange collection. If you are 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.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the Products are faulty or misdescribed; or
(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;
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the Product from you, we will charge you the cost to us of collection.
9.5 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.
9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind
(a) 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 that would not be permitted in a shop.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
(c) 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.
9.7 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
(a) 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.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
10. Our rights to end the contract
10.1 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 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products;
(c) you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us; or
(d) you do not, within a reasonable time, allow us access to your premises to supply the services;
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at the branch where you purchase the goods or write to us at [email protected] Alternatively, please speak to one of our staff in-store.
11.2 Summary of your legal rights. 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 product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights if you are a Consumer. These are subject to certain exceptions.
If your product is goods, for example, 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.
If your product is service, for example, the Consumer Rights Act 2015 says:
(d) 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.
(e) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
(f) If you haven't agreed on a time beforehand, it must be carried out within a reasonable time.
11.3 How to tell us about problems. If you have any questions or complaints about the Product, please contact us. You can telephone our customer service team at 0800 433 4388 or write to us at [email protected] Alternatively, please speak to one of our staff in-store.
12. PRICE AND PAYMENT
12.1 We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the Product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
12.4 When you must pay and how you must pay. We accept payment with cash, cheque, credit card. When you must pay depends on what product you are buying
(a) For goods, you must pay for the Products before we dispatch them.
(b) For services, you must make an advance payment of 25% of the price of the services, before we start providing them. We will invoice you for the balance of the price of the services when we have completed them. You must pay each invoice within 21 calendar days after the date of the invoice.
The above will not apply if you have a trade credit account with us. In this case your payment terms will be determined by the terms of your agreement with us.
12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of Danske Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13. Our responsibility for loss or damage suffered by you
13.1 If you are a Consumer
13.1.1 If you are acting as a Consumer in your ordering and/or purchasing of goods or services from us, to maximum extent permitted by applicable law, we do not accept any liability for any:
(a) Unforeseeable loss (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);
(b) loss which arises when we are not at fault or in breach of this contract; and
(c) business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity, and other similar losses).
13.2 If you are acting as a Consumer, you may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations or failure to use reasonable care and skill. Nothing in our Terms is intended to restrict your legal rights as a Consumer. 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 including 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.
13.3 If you are acting as a Business Customer
13.3.1 If you are acting as a Business Customer we will have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under our contract or otherwise at our discretion.
13.3.2 Without prejudice to clause 13.3.1, if you are acting as a Business Customer in your ordering and/or purchasing of Products, we accept no liability (whether arising in contract, tort (including negligence), for breach of statutory duty or otherwise) for any of the following losses:
(a) loss of profits, revenue, sales, income, or business;
(b) loss of savings;
(c) loss of use or production;
(d) loss of goodwill;
(e) business interruption;
13.3.3 subject to clause 9, remedial costs if the Products are damaged or defective;
(a) damage to property or possessions through use or misuse of the Products;
(b) loss caused by delay or other late performance; and
(c) indirect or consequential losses.
13.3.4 If you are acting as a Business Customer in your ordering and/or purchasing of Products, you acknowledge and agree that all our obligations to you are set out in these Terms and all other terms, warranties, representations and conditions implied by statute, common law or otherwise (including fitness for purpose) are excluded to the fullest extent permitted by law.
13.3.5 Subject to clause 13.5, we will not be responsible to you or, if you are undertaking work for another person, to any other person, for the use or installation of any products by you (or on your behalf). Accordingly, as a Business Customer, you agree to hold us harmless and indemnify us, against any liability associated with any claim or allegation made against us that we are responsible for any failings in the installation or use of products that we supply (except where we have installed the Products for you).
13.4 Liability provisions that apply whether you act as a Consumer or Business Customer
13.5 Nothing in our agreement limits or excludes our liability for fraud or fraudulent misrepresentation, death or personal injury caused by our negligence or for any other liability which cannot be limited or excluded by law.
13.6 Our website, catalogues, and other media may contain information and materials created and submitted by third parties, and, subject to clause 13.5, we exclude liability for all losses arising from any error, omission or inaccuracy in any such information and material.
13.7 If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
14. How we may use your personal information
14.1 We will only use your personal information as set out in our haldane-fisher.com/privacy-policy/.
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
15.2 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 require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
15.3 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
15.4 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.
15.5 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.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Northern Irish law and you can bring legal proceedings in respect of the Products in the Northern Irish courts. If you live in England you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in the Northern Irish courts. If you live in the Isle of Man you can bring proceedings in either the Northern Irish or Isle of Man courts.