Hamilton Metalworks Terms and Conditions

This agreement applies as between you, the User of this Website and Hamilton Metalworks, the owner of this Website.  Your agreement to comply with and be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending an order fulfilled email to you indicating that your order has been fulfilled and is on its way to you.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

1. Age Restrictions
   Persons under the age of 16 should use this Website only with the supervision of an Adult.  Payment Information must be provided by or with the permission of an Adult.
2.  Business Customers
   These Terms and Conditions also apply to customers buying Goods in the course of business.
3. International Customers
   If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination.  We are not responsible for these charges and We undertake to make no calculations or estimates in this regard.  If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures.  As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported.  Please be aware that Goods may be inspected on arrival at port for customs purposes and that We cannot guarantee that the packaging of your Goods will be free of signs of tampering.  Please also be aware that United Kingdom consumer protection laws may not apply.
4. Intellectual Property
   Hamilton Metalworks respects the intellectual property of others, and we ask our users to do the same.
   5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Hamilton Metalworks or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.
   5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
   
5. Third Party Intellectual Property
   6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
   6.2 You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Use of Communications Facilities
   7.1 When using System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
   7.1.1 You must not use obscene or vulgar language;
   7.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
   7.1.3 You must not submit Content that is intended to promote or incite violence;
   7.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
   7.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
   7.2 You acknowledge that Hamilton Metalworks reserves the right to monitor any and all communications made to Us or using Our System.
   7.3 You acknowledge that Hamilton Metalworks may retain copies of any and all communications made to Us or using Our System.
   7.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
7. Accounts
   10.1 In order to purchase Goods on this Website and to use certain other parts of the System, you are required to submit contact and delivery details which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require Payment Information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
   10.1.1 all information you submit is accurate and truthful;
   10.1.2 you have permission to submit Payment Information where permission may be required; and
   10.1.3 you will keep this information accurate and up-to-date.
   Your creation of an Account is further affirmation of your representation and warranty.
   10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
   10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched.  In the event that an unauthorised purchase is dispatched prior to your notifying Us of the unauthorised nature of the purchase, please contact us immediately at info@hamiltonmetalworks.co.uk.
   
8. Termination and Cancellation of Accounts
   9.1 Either Hamilton Metalworks or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
   9.2 If We terminate your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
   9.3 We reserve the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
   9.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any sums paid in relation to those purchases within 14 calendar days.
   9.5 If you terminate your Account, any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases within 14 calendar days.
   
9. Goods, Pricing and Availability
   10.1 Whilst every reasonable effort has been made to ensure that all graphical representations and descriptions of Goods available from Us correspond to the actual Goods, We are not responsible for variations from such descriptions. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not different Goods altogether.  Please refer to Clause 15.1 for incorrect Goods.
   10.2 Where appropriate, you may be required to select the required size, model, colour, number or other features of the Goods that you are purchasing.
   10.3 We neither represent nor warrant that Goods will be available. Stock indications are provided on the Website however such indications may not take into account sales that have taken place during your visit to the Website.
   10.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
   10.5 In the event that prices are changed during the period between an order being placed for Goods and Us processing that order and taking payment, we will honour the price of the goods in the pending order.
   10.6 As a small business, Hamilton Metalworks is not VAT registered, no VAT will be charged on your purchase.
10. Orders and Delivery
    11.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acceptance is indicated by Us sending to you an order confirmation email. 
    11.2 Order confirmations under sub-Clause 14.1 shall contain the following information:
    11.2.1 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
    11.2.2 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
    11.2.3 Estimated delivery date(s) and time(s);
    11.2.4 Confirmation of customer details including billing and as shipping address..
    11.3 If We, for any reason, any sums paid by you in relation to that order will be refunded within 14 calendar days.
    11.4 All Goods purchased by you will be delivered within 30 calendar days of Our order confirmation unless otherwise agreed.
    11.5 The risk in the Goods shall remain with Us until they come into your physical possession.
11. Returns Policy
    Please refer to our refund policy page if there is a problem you’re your order:https://www.hamiltonmetalworks.co.uk/policies/refund-policy
    Hamilton Metalworks’ Refund policies are governed by these Terms and Conditions.
    12.1 Hamilton Metalworks regrettably cannot accept returns for Goods made to your specifications or that have been personalised.
    12.1.1 Returns cannot be accepted in the case of any use or enjoyment that you may have already had out of the Goods beyond handling them to the extent necessary to establish the nature, characteristics and functioning of them (such as you would, for example, handle a display item in a shop). Please note that opening packaging does not prevent you from returning Goods unless the Goods are personalised to your specifications and in any event does not include the opening of delivery packaging, only the packaging of the product itself
    12.2 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period for non-personalised Goods. If you change your mind about the goods within this period, please inform Us within 28 calendar days of receipt. Goods then must be returned to Us within 14 calendar days of the day on which you inform Us that you wish to return the Goods.  All goods are returned to Hamilton Metalworks at your own responsibility, with this in mind we do recommend you obtain a Certificate of Posting from the Royal Mail as we cannot be held responsible for goods lost in transit. Refunds will be issued within 14 days and in any event no later than 30 calendar days after you inform Us that you wish to cancel under this provision and will include standard delivery charges.  We regret that additional costs such as express / Saturday delivery and gift-wrapping cannot be refunded.
    12.3 If Goods are damaged in transit and the damage is apparent on delivery, you should sign any applicable delivery note to the effect that the Goods have been damaged. To return the damaged Goods, please contact Us within 28 calendar days to arrange a return. We are fully responsible for paying shipment costs (which will be refunded via your original payment method on receipt of the returned goods).  You will be given the option to have the Goods replaced or to be refunded through the payment method used by you when purchasing the Goods.  Replacements will be issued upon Our receipt of the returned Goods.  Refunds will be issued no later than 30 calendar days after receipt of the returned Goods and will include standard delivery charges.  We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.
    12.4 If you receive Goods which do not match those that you ordered, you should contact Us within 28 calendar days to arrange return. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Replacements will be issued upon Our receipt of the returned Goods.  We are fully responsible for paying shipment costs (which will be refunded to you on receipt of the returns goods).  Goods must be returned in their original condition with all packaging and documentation.  The packaging does not need to be unopened. Refunds will be issued within 14 days and in any event no later than 30 calendar days after receipt of the returned Goods and will include standard delivery charges.  We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.
    12.5 If any Goods you have purchased have faults when they are delivered to you, you should contact Us within 28 calendar days to arrange a return,You will be given the option to have the Goods replaced or to be refunded through the payment method used by you when purchasing the Goods. We are fully responsible for paying shipment costs.  Replacements will be issued upon Our receipt of the returned Goods.  Refunds will be issued 14 days and in any event no later than 30 calendar days after receipt of the returned Goods and will include standard delivery charges.  We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.
    12.6 If any Goods you have purchased develop faults within 28 calendar days of delivery, you may be entitled to a replacement but not a refund. In order to arrange for such a replacement you should contact Us within the 28 calendar day period to arrange a return. We will assess the Goods and alleged faults upon receipt and if We conclude (at Our sole discretion, acting reasonably and in good faith) determine that the fault is not a result of mistreatment by you (deliberate, negligent or otherwise), We will issue replacement Goods at no additional cost to you. Hamilton Metalworks reserves the right to withdraw this warranty in the event of incorrect use, third-party repairs and careless handling and general wear-and-tear.
    12.7 If any Goods develop faults beyond 28 calendar days from delivery and within 6 months, you may be entitled to a repair or replacement. Hamilton Metalworks reserves the right to withdraw this warranty in the event of incorrect use, third-party repairs and careless handling and general wear-and-tear.
    14.8 All refunds will be processed via your original payment method.
12. Privacy
    13.1 Use of the Website is also governed by Our Privacy Policy. To view the Privacy Policy, please click on the link here (www.hamiltonmetalworks.co.uk/privacy-policy)
    
13. Disclaimers
    14.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of Our services.
    14.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
    14.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
    14.4 Whilst We use all reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
14. Changes to the Service and these Terms and Conditions
    We reserve the right to change the Website, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.  If We are required to make any changes to these Terms and Conditions pertaining to the sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
15. Availability of the Website
    16.1 The Website and any Service provided therein is provided “as is” and on an “as available” basis. We give no warranty that the Website or any Service will be free of defects and / or faults.  To the maximum extent permitted by the law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
    16.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
16. Limitation of Liability
    17.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk
    17.2 Nothing in these Terms and Conditions excludes or restricts Hamilton Metalworks’ liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
    17.3 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
17. No Waiver
    In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
18. Previous Terms and Conditions
    In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
19. Third Party Rights
    Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and Hamilton Metalworks.
20. Communications
    21.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to info@hamiltonmetaworks.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
    21.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click the ‘unsubscribe’ link in any email which you may receive from us, or email us at info@hamiltonmetalworks.co.uk.
21. Law and Jurisdiction
    These Terms and Conditions and the relationship between you and Hamilton Metalworks shall be governed by and construed in accordance with the Law of England and Wales and Hamilton Metalworks and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.