General
These Terms of Sale (Terms) apply to any orders you place through this website for products (Products) and any contract (Contract) that James Hargreaves Clearance Offers (a trading name of James Hargreaves (Plumbers Merchant) Ltd and otherwise referred to as ′we′, ′us′ or ‘our’).
Making a Purchase
Pricing
We list all our prices inclusive of VAT. Please note that all our prices are subject to change without notice, so please check prices carefully before placing your order. On rare occasions, we may accidentally list an incorrect price for a Product. Where the Product’s correct price is less than the listed price, we’ll charge you the lower amount when processing your order. However, if the Product’s correct price is higher than our listed price, we’re under no obligation to provide the Product to you at the incorrect (lower) price, even after we’ve sent you an order confirmation e-mail. In this situation, at our discretion we’ll either contact you for instructions before dispatching the Product, or reject your order and notify you of this.
Delivery Costs
Our delivery charges depend on the delivery location and the type of product.
• Standard Delivery: a courier delivery price based on the weight and dimensions of each product will be shown on the product pages.
• Big and Bulky items: selected items will incur a pallet delivery charge. This will be shown on the order. If multiple products are ordered we will try and consolidate onto one order to reduce delivery costs where possible.
When and Where We Deliver
For standard products or products delivered by a trusted courier, you will be given an estimated delivery lead time in your basket before you check out. A member of staff may then be in contact before this date to arrange a delivery day which suits you.
We offer 2-3 working day delivery on selected products and for select locations, for orders placed before excluding Bank Holidays. Deliveries to some rural areas, including parts of Scotland, the highlands or other remote areas to which we deliver, may take longer. In this instance, a member of staff will be in contact to discuss once your order has been placed.
We strongly recommend that you do not book plumbers, fitters, builders or trade persons until your order has been delivered and checked by you. We cannot be held responsible for any third-party costs or charges which you incur due to non-delivery of an order, or orders that have not been checked on delivery.
Where: we will happily deliver to your chosen address within Mainland Great Britain.
We do not deliver as standard to the Scottish isles, Northern Ireland or the Channel Islands. If you live in Scottish isles, Northern Ireland or the Channel Islands and would like to purchase a product please contact our Clearance Team on clearance.team@james-hargreaves.co.uk or call us on 0330 3903699.
Our Shipping and Returns page has more information
Placing Your Order
You must accept these Terms in full before your order can be placed. We don’t knowingly sell to children, so you must be aged 18 or over to place an order with us. Our order process lets you check and amend any errors before submitting your order to us. Please take the time to read and check your order carefully at each stage of the process. Please make sure that you provide your correct phone number and email address when you place your order. When you place your order, this represents an offer to purchase Products from us.
Accepting Your Order, Your Contract with Us and Situations Where We May Have to Reject Your Order
Your order will be automatically accepted when we dispatch your Products, unless we reject your order (see below) and provided that we’ve received payment in full for the Products and any related delivery charges. The Contract between us is formed at the time we dispatch your Products. If your order is dispatched in more than one delivery, each dispatch will form a separate Contract covering the Product(s) delivered under that dispatch. Without affecting your Consumer Cancellation Right (see below), you can cancel your order for a Product at no cost, at any time before we dispatch that Product.
However, if we’ve already cut or made a Product to your specific measurements, or personalised it for you in any other way, this right to cancel doesn’t apply. Before we’ve accepted your order, we reserve the right to tell you that your order has been rejected for any reason. In particular, all orders are subject to stock availability. We’ll tell you as soon as possible if we can’t supply one or more of the Products that you’ve ordered. If we can’t contact you about these out-of-stock Products, we’ll accept your order for the Products we do have in stock. If you’ve already paid for the unavailable products, we’ll give you a refund for their purchase price.
Delivery
Timescales for Delivery
We’ll always try our best to meet the estimated delivery timescales we give you. However, we won’t be held responsible for any failure to deliver your order within the stated timescales, provided we deliver the Products within 30 days of receiving your payment, or within a longer time period if we’ve expressly agreed this with you. If we can’t deliver your order within this timescale, we’ll let you know and give you the opportunity to either wait for the Products or cancel your Contract.
If you choose to cancel, we’ll give you a full refund including any delivery charges that apply. We strongly recommend that you don’t book fitters or tradesmen until we’ve delivered your order in full and you’ve checked it over. Please note that we can’t be held responsible for any charges made by fitters or tradesmen as a result of your order not being delivered, or because you didn’t check your delivery before booking their services.
Number of Deliveries
We’ll always try to make one single delivery where possible, to minimise inconvenience. However, this may not always be possible.
Receiving Your Deliveries
All deliveries must be received and if requested signed for by a person aged 18 or over. If no one is available to take the delivery, we’ll call you to arrange a suitable date and time for redelivery. We may need to make an additional handling charge for this. If no one is available to receive the redelivery, we may cancel your order and refund your payment, minus any delivery and handling charges.
Faulty Products and Products Delivered Damaged
Your Rights
In the unlikely event that a Product is faulty, not as described or delivered damaged, your rights are set out in this document. If you’re ordering Products from us as a consumer rather than in the course of your business, you may have additional legal rights and nothing in these Terms will affect these rights.
Liability
If any goods or services are defective due to defective workmanship or material, we shall (at our option) repair or replace such goods (or the defective part) or rectify the defective service or refund the price of such defective goods or services at the pro rata contract rate provided that:
(a) you give us written notice of the defect within seven days of the date of delivery. In the case of a defect which is not discoverable upon reasonable examination, within seven days of the time when you discover or ought to have discovered the defect (and in any event within twelve months from the date of delivery);
(b) we are given a reasonable opportunity after receiving notice to examine such goods and/or services (in situ) and (if asked to do so by us) you return such goods to our place of business for the examination to take place there;
(c) you do not make any further use of such goods after giving such notice;
(d) the defect is not due to willful damage, negligence (other than ours), fair wear and tear, alteration or repair of such goods without our prior written consent or incorrect storage, application, movement, installation, commissioning, use or maintenance of the goods (other than by us); and
(e) the defect is not due to any act or omission of you, your agents or contractors.
We shall not be responsible for either the cost of removing the goods from any place where they are installed or fixed (or making good the place after removal) or for the cost of installing or fixing any repaired or replacement goods unless due to our defective service.
On request, we will provide information about any manufacturer’s guarantee offered and available to you in respect of the goods but we are not legally responsible for any obligation under manufacturer’s guarantees. Where the goods contain a warranty or guarantee offered by us please refer to the special conditions applicable on our website or available upon request.
Save as expressly set out in these terms, all warranties and other terms implied by statute or common law (save for the term implied as to title) are, to the fullest extent permitted by law, excluded from the contract.
Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the contract price.
We shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or loss of anticipated savings, in each case whether direct, indirect or consequential, or any other indirect losses whatsoever and howsoever caused.
Nothing in these terms excludes or limits our liability for (a) death or personal injury caused by our negligence, (b) fraud or fraudulent misrepresentation; and (c) any other matter which it would be illegal for us to exclude.
Health and Safety
Certain goods supplied by us could, if incorrectly used, give rise to risks to health and safety. Information in respect of such goods may be found online. You undertake that you will ensure compliance by yourself, your employees, agents and customers with any instructions given by us or the manufacturer or our supplier and will take any other steps or precautions, having regard to the nature of the goods, as are necessary to preserve the health and safety of any person handling, using or disposing of them.
Please Contact Us if There’s an Issue
If there are any issues with the Products you’ve ordered, please contact us straightaway so we can help. You can email us at clearance.team@james-hargreaves.co.uk or call us on 03303903699. Please have your order number to hand as well as details of the affected Product(s). If we offer you a refund, this will be credited to the card or PayPal account used to purchase the affected Product(s).
Statutory right to cancel if you’re a consumer
Consumer Cancellation Right
If you’re ordering Products from us as a consumer, you have a statutory right to cancel any online or telephone orders (excluding orders for bespoke or made-to-measure Products) and receive a full refund, including standard delivery charges. This is your Consumer Cancellation Right and it applies in addition to any other rights set out under these Terms.
How to Exercise Your Consumer Cancellation Right:
To exercise your Consumer Cancellation Right, you must create a Product Return within your Account on the website at any time before the Products are dispatched or within 14 days of delivery, starting on the day after your delivery is made. If your order is delivered in multiple shipments, the 14 day period starts the day after the last instalment is delivered. If we receive your cancellation notice outside these timeframes, your Consumer Cancellation Right will not apply.
Please also note that if you exercise your Consumer Cancellation Right after the Products have been delivered, you’ll be responsible for returning the Products to us at your own cost and within 14 days of cancelling your order.
How to Return Products That Have Already Been Delivered to You When You’ve Exercised Your Consumer Cancellation Right:
You can arrange for us to collect the Products by emailing clearance.team@james-hargreaves.co.uk or calling us on 0330 3903699, with your order number and details of the Products you want to return. We’ll then arrange for the Products to be collected by our nominated carrier. Please note that our minimum charge for this collection service is 15% of the order value and may be more depending on your location and Product type.
Your Refund When You Exercise Your Consumer Cancellation Right
We’ll refund your returned Products as soon as possible and no later than 14 days after receiving them back. The refund will be made to the debit or credit card you used to pay for the Products. Please note that we have the right to reduce the amount of your refund to reflect any decrease in the Products’ value that has resulted from the manner in which you’ve handled them.
Other Cancellations / Returns:
Unless you have a Consumer Cancellation Right or faulty/defective product any cancellations/returns and refunds are at our discretion. To enquire about cancellations and returns, please call 0330 3903699 or email clearance.team@james-hargreaves.co.uk with your order number, postcode and phone number. If we do accept a return of the Product/s, they must be returned in their original condition within 30 days of the date of delivery to you. We’ll then arrange for the Product/s to be collected by our nominated carrier and we may deduct a restocking charge from the amount of your refund.
Other Important Terms
If any part of these Terms is found to be invalid or unenforceable then, to the extent that it is invalid or unenforceable, the part in question will be treated as if it has been severed from these Terms. If this happens, the remaining parts of these Terms will continue in full force and effect. We reserve the right to make changes to these Terms in the future without giving notice. Any changes will be posted to this website and will take effect immediately. Therefore, you should read these Terms each time you access this website and before placing an order with us. These Terms and any Contracts shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.
If you are not satisfied with your purchase please contact clearance.team@james-hargreaves.co.uk or telephone 0330 3903699. We will try to resolve any issues that you have as quickly as possible. If you remain unhappy with our final response, you may wish to contact the financial-ombudsman service at https://www.financial-ombudsman.org.uk
