Shop Terms & Conditions
SALE OF GOODS
Please review these terms and conditions carefully. By placing an order, you agree to a legally binding agreement with us without further confirmation. It is important to ensure these terms meet your expectations and do not contain anything you disagree with. If you have any questions or concerns, please contact us on 01462 453335
APPLICATION
These Terms and Conditions govern the purchase of goods by you (referred to as “the Customer” or “you”). We are Hitchin BID Ltd, operating under the trading name Visit Hitchin, a company registered in England and Wales (Company No. 06921652), with a registered office at Croft Chambers, 11 Bancroft, Hitchin, Herts, SG5 1JQ and a trading address at Hitchin Information, 1A Churchyard, Hitchin, Herts, SG51HR. You can reach us by email at info@hitchinherts.com or by phone at 01462 453335 (referred to as “the Supplier,” “us,” or “we”). These terms apply to all sales of goods. By placing an order, you agree to these Terms and Conditions. You must be at least 18 years old and legally eligible to enter into a contract to purchase goods from this Website.
INTERPRETATION
Consumer: Refers to an individual who is acting for purposes entirely or primarily outside of their trade, business, craft, or profession.
Contract: The legally binding agreement between you and us for the provision of the Goods.
Delivery Location: The Supplier’s premises or another specified location where the Goods will be delivered, as indicated in the Order.
Durable Medium: A format such as paper, email, or any other medium that allows information to be personally addressed to the recipient, stored for future reference in an accessible way, and reproduced without changes.
Goods: The items advertised on the Website that we supply to you, according to the quantity and description specified in the Order.
Order: The Customer’s request for the Goods submitted to the Supplier through the step-by-step process on the Website.
Privacy Policy: The terms that explain how we handle confidential and personal information collected from you via the Website.
Website: Refers to our website, https://visithitchin.com, where the Goods are advertised.
GOODS
The description of the Goods is provided on the Website, in catalogues, brochures, or other advertisements. These descriptions are for illustrative purposes, and there may be slight variations in the size and colour of the Goods delivered. If the Goods are customised according to your specific requirements, you are responsible for ensuring that the information and specifications you provide are accurate. All Goods displayed on the Website are subject to availability. We reserve the right to make changes to the Goods as needed to comply with applicable laws or safety standards, and we will notify you of any such changes.
PERSONAL INFORMATION AND REGISTRATION
When you register to use the Website, you have the option to complete a transaction as a guest or to create a username and password. You are responsible for all activities conducted under your chosen username and password, and you agree not to share them with anyone else, keeping them confidential. We handle all information in strict accordance with our Privacy Policy. We may communicate with you via email, other electronic methods, or pre-paid post, and you expressly consent to this form of communication.
BASIS OF SALE
The descriptions of Goods on our website do not constitute a contractual offer to sell. Once you submit an Order, we reserve the right to reject it for any reason, although we will make an effort to inform you of the reason promptly. The Order process is detailed on the Website, allowing you to review and correct any errors before finalizing your Order. It is your responsibility to ensure that you have followed the ordering process correctly. A Contract for the sale of Goods is only formed when you receive an email from us confirming your Order (Order Confirmation). You must verify that the Order Confirmation is complete and accurate, and inform us immediately of any errors. We are not liable for any inaccuracies in the Order you placed, including spelling mistakes, incorrect addresses, or incomplete contact information. By placing an Order, you agree to receive confirmation of the Contract via email, which will include all relevant details (i.e., the Order Confirmation). You will receive this confirmation within a reasonable timeframe after the Contract is formed, but no later than when the Goods are delivered under the Contract. Any quotation provided is valid for a maximum of one day from its date unless we withdraw it sooner. No changes to the Contract regarding the description of the Goods, Fees, or any other matter can be made after it has been entered into unless agreed upon in writing by both the Customer and the Supplier. These Terms and Conditions are intended to apply only to Contracts entered into by you as a Consumer. If this is not the case, please inform us so we can provide you with a different contract that may be more suitable for your needs and potentially offer you additional rights as a business.
PRICE AND PAYMENT
The price of the Goods, along with any additional delivery or other charges, is as listed on the Website at the time of your Order or at a price we may agree upon in writing. All prices and charges include VAT at the applicable rate at the time of the Order. Payment must be made by providing your credit or debit card details with your Order, and we may process the payment immediately or prior to delivering the Goods. Please note that potential customs charges are not included in our pricing, as these are determined by authorities outside of our control.
DELIVERY
We will deliver the Goods to the Delivery Location by the agreed time or within the specified timeframe. If no timeframe is agreed upon, we will deliver without undue delay, and in any case, no later than 30 days after the Contract is formed, unless the item is a pre-order, in which case the delivery time may be longer.
If we fail to deliver the Goods on time, you have the option to treat the Contract as terminated (in addition to any other remedies available) if: (1) we have refused to deliver the Goods, (2) timely delivery is essential based on the circumstances at the time the Contract was made, or (3) you informed us prior to the Contract being made that timely delivery was crucial. Additionally, if we fail to deliver on time and you specify a later appropriate period for delivery that we do not meet, you may also treat the Contract as terminated.
If you choose to terminate the Contract, we will promptly refund all payments made under it. If you are entitled to terminate the Contract but choose not to do so, you still have the right to cancel the Order for any Goods or reject any delivered Goods. In this case, we will refund all payments made for any cancelled or rejected Goods, provided they are not perishable items. If the Goods have already been delivered, you must return them to us or allow us to collect them from you, and you will be responsible for the costs involved.
For perishable Goods or commercial units (which are defined as units whose division would materially impair their value or character), you cannot cancel or reject part of the Order without also cancelling or rejecting the entire Order.
We generally do not deliver to addresses outside England, Wales, Scotland, Northern Ireland, the Isle of Man, and the Channel Islands. However, if we accept an Order for delivery outside these areas, you may be responsible for paying import duties or other taxes, which we will not cover. We are not liable for any seizures or inspections of purchases by customs or postal services, nor for delays or non-delivery caused by international postage services or non-payment of fees. Additionally, we are not responsible for delays or non-delivery if you fail to arrange redelivery after an attempted delivery.
You agree that we may deliver the Goods in instalments if we experience stock shortages or other reasonable issues, provided this does not result in additional charges for you. If you or your designated representative fail to take delivery of the Goods through no fault of ours, we may charge reasonable costs for storage and redelivery, provided the Goods are returned to us intact. The Goods will become your responsibility upon completion of delivery or collection by the Customer. You should examine the Goods before accepting them, if reasonably practicable.
RISK AND TITLE
The risk of damage to or loss of any Goods will transfer to you upon delivery. You do not own the Goods until we have received full payment. If payment is overdue or if you initiate bankruptcy proceedings, we reserve the right to cancel any delivery and terminate your right to use any Goods still owned by us. In such cases, you must return the Goods or allow us to collect them.
WITHDRAWAL, RETURNS AND CANCELLATION
You can withdraw your order for Goods by notifying us before the Contract is finalised. You may change your mind without providing a reason and without incurring any liability, although a restocking charge of 25% will apply if the item is returned. If you cancel a preordered item, a restocking fee will also apply if we have already placed an order for that item. Appointments and Packages are subject to the terms and conditions of Visit Hitchin’s agreement and engagement.
This is a distance contract (as defined below) with the cancellation rights (Cancellation Rights) outlined below. However, these Cancellation Rights do not apply to contracts for the following goods (and no others) under the specified circumstances:
- Foodstuffs, beverages, supplements, herbal products, or other items intended for immediate consumption in the household, which are supplied on a regular basis to your residence or workplace.
- Goods made to your specifications or clearly personalized, including herbal products.
- Goods that are likely to deteriorate or expire quickly.
Additionally, Cancellation Rights for a Contract will no longer be available in the following situations:
- For contracts involving sealed goods that cannot be returned for health protection or hygiene reasons if they have been unsealed after delivery.
- For any sales contract where the goods become inseparably mixed with other items after delivery.
RIGHT TO CANCEL
You have the right to cancel this contract for goods within 14 days without providing a reason, as long as the goods have not been used, opened, or damaged. We are not responsible if you do not use the goods before their expiration date. This right does not apply to personalized or custom-made goods, which are non-refundable, or to perishable items.
The 14-day cancellation period begins on the day you, or a third party authorized by you (excluding the carrier), take physical possession of the last item in your order. For subscription-based goods, the right to cancel applies 14 days from the date of the first delivery.
To cancel, you must notify us clearly of your decision to cancel, which can be done via letter, fax, or email. You must provide evidence of when the cancellation was made. As long as you send your cancellation notice before the 14-day period ends, the cancellation will be considered timely.
EFFECTS OF CANCELLATION IN THE CANCELLATION PERIOD
Except as set out below, if you cancel this goods Contract, we will reimburse to you all payments received from you, excluding costs of delivery, restocking fee and damage deductions. Fees from the original transaction are deducted by our Payment Processor and will not be returned should a transaction be refunded.
DEDUCTION FOR GOODS SUPPLIED
We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss. If items are damaged or packaging is damaged, you are also liable for these costs.
TIMING OF REIMBURSEMENT
We will make a reimbursement using the same means of payment as you used for the initial transaction. Payment reimbursements usually appear back on your card within 5-10 working days but may take up to 30 working days. Bank transfers may take up to 14 working days.
RETURNING GOODS
If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods tracked and signed to Hitchin Information, 1A Churchyard, Hitchin, Herts, SG51HR without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract in its original packaging. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods. For the purposes of these Cancellation Rights, these words have the following meanings: distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded; sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
CONFORMITY AND GUARANTEE
We are legally obligated to supply the Goods in accordance with the Contract. The Goods will be considered non-compliant if they fail to meet the following requirements at the time of delivery:
- They must be of satisfactory quality.
- They must be reasonably suitable for any specific purpose you informed us about before the Contract was made, unless it was unreasonable for you to rely on our expertise.
- They must be suitable for any purpose we stated or included in the Contract.
- They must match their description.
Non-compliance does not include issues caused by materials you provided.
If the Goods are electronic, we will provide you with the manufacturer’s free guarantee, either immediately or within a reasonable timeframe. The guarantee details, including the manufacturer’s name, address, duration, and geographical coverage, will be included with the Goods. The guarantee becomes effective upon delivery and does not affect your legal rights.
SUCCESSORS AND OUR SUB-CONTRACTORS
Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY
In the event of any failure by a party because of something beyond its reasonable control: the party will advise the other party as soon as reasonably practicable; and the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
PRIVACY
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy. For the purposes of these Terms and Conditions: ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR. We are a Data Controller of the Personal Data we Process in providing Goods to you. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws: before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected; we will only Process Personal Data for the purposes identified; we will respect your rights in relation to your Personal Data; and we will implement technical and organisational measures to ensure your Personal Data is secure. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: info(at)visithitchin.com.
EXCLUDING LIABILITY
The Supplier does not exclude liability for: any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
GOVERNING LAW, JURISDICTION AND COMPLAINTS
The Contract (including any non-contractual matters) is governed by the law of England and Wales. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond within 2 working days.
