important INFORMATION ABOUT US
First off, we are The Whole Hoof (but you knew that!) and here’s some information about us! Our website is the www.thewholehoof.com (duh!) below we’ll refer to it as (the “TWH website” or “our website”) and is operated by [] Limited trading as “The Whole Hoof” (“we,” “us” or “TWH”). We are registered in England and Wales under company number [] and our registered office is 255 Green Lanes, London, N13 4XE.
some more Important information
Now for the boring… oops… we mean important stuff!
Please read these terms and conditions carefully before continuing to use the TWH website and before placing an order on our website as by doing either you will be taken to have accepted them.
Below are the terms and conditions on which:
- we provide access to the TWH website and
- our products listed on the www.thewholehoof.com are sold (our “Products”).
Please understand that by visiting the TWH website or by ordering any of our Products, you agree to be bound by these terms and conditions including our PRIVACY POLICY and our COOKIE POLICY. We’ll try to keep them as straightforward as possible.
We may modify these terms and conditions from time to time and reserve all rights to do so so please check them each time that you place an order from us or visit the our website. If you do not agree to the current terms and condition or to any change to them, please do not place an order or visit the TWH website!
These terms and conditions represent the entire terms and conditions of sale and nothing shall in any way alter or vary them without our prior written consent.
USING OUR WEBSITE
By using the TWH website you agree to be legally bound by these terms, which shall take effect immediately on your first use of the TWH website. If you do not agree to be legally bound by all the following terms please do not access and/or use the TWH website.
We do not warrant that functions contained in the TWH website content will be uninterrupted or error free, that defects will be corrected, or that the TWH website or the server that makes it available are free of viruses or bugs.
TWH accepts no responsibility for the content, accuracy or function of websites that are referenced or linked to the TWH website nor does TWH endorse the contents of such sites.
You confirm and agree that:
(a) any information and details provided by you to us are true, accurate and up to date in all respects and at all times; and that
(b) you will at all times comply with these terms and conditions.
In using or viewing the TWH website you will not:
(a) use the TWH website for any unlawful purpose or in a way that infringes the rights of anyone else or restricts or inhibits anyone else’s use and enjoyment of the TWH website;
(b) use the TWH website in any way that interrupts, damages, impairs or renders the TWH website less efficient or secure;
(c) impersonate any other person, misrepresent your connection with any other person or business or provide false or otherwise misleading information;
(d) transfer or upload files that contain viruses, trojans or other harmful programs or malware or such like whatsoever;
(e) authorise, encourage or assist any other person to copy, modify, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any software (including source code), databases and other technology that form part of the TWH website;
(f) penetrate or attempt to penetrate the TWH website’s security measures; or
(g) email, publish or otherwise disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or that is otherwise inappropriate.
We reserve the right to suspend, restrict or terminate your access to the TWH website and/or your TWH Account (for your account see below) without notice if we have grounds to believe you have breached any of the above restrictions or any other provision of these terms and conditions. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
As part of using the TWH website and ordering products from us you may set up a “TWH Account” using your e-mail address and a password (your “TWH Account Details”). You are responsible for maintaining the confidentiality of your TWH Account Details and you are also responsible for all activities that are carried out with them.
We do not check the identities of people using the TWH website and will not be responsible for losses suffered by you where your TWH Account Details are used by anyone else. If you think that someone has obtained your TWH Account Details without your consent, we recommend that you change your account password immediately. You agree to notify us immediately if you become aware of or suspect any unauthorised use of your TWH Account Details.
We process information about you in accordance with our Privacy Policy. By using the TWH website, you consent to such processing and you warrant that all data provided by you is accurate.
The TWH website uses cookies. For more information on the types of cookies we use and how we use them, please see our Cookie Policy.
The names, images and logos identifying TWH or any third parties and their products and services are subject to copyright, design rights and trade marks of TWH and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of TWH or any other third party. Any copy (electronic or any format whatsoever) or use of TWH logos requires the prior express written consent of TWH.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable then to the extent to which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
These terms shall be governed by and interpreted in accordance with the laws of England and Wales and any disputes shall be under the jurisdiction of the courts of England and Wales.
TERMS OF SALE FOR PRODUCTS SOLD ON OUR WEBSITE
The following terms and conditions apply to all goods sold by us to you resulting from an order placed on TWH website and you agree to them by placing an order with us. If there is any conflict between these terms and specific terms appearing elsewhere on the TWH website then the former shall prevail.
1. The Contract, Description of Price & Products on the TWH Website
1.1 No contract exists between you and us for the sale of any goods until (a) we have received your order and (b) you have received a confirmation of that order from us. Once you have received this confirmation (which will be by email), there is then a binding legal contract between us and you which is subject to your right of cancellation (see below), our stock availability of the item and the remainder of these terms.
1.2 The description and price of the goods you order will be as shown on the TWH website at the time you placed your order.
1.3 All goods on our website are subject to stock availability. We will inform you by email or by telephone as soon as possible if an item ordered is not available and offer you an alternative product or refund for any sum that has been paid by you or debited from your credit card for the goods ordered.
1.4 We take every effort to make sure that prices shown on our website are accurate at the time you place your order. If an error is found, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order.
1.5 In addition to the price for the goods, you will be required to pay a delivery charge for the goods, as shown in the checkout process for the goods.
1.6 The price of the goods and delivery charges are inclusive of VAT.
1.7 Discounts and special offer prices offered on our website are subject to availability and may change without notice.
1.8 We reserve the right to refuse an order. We might do this if for example we have been subject to fraudulent orders.
2. Payment
2.1 Payment for the goods and delivery charges can be made by any method shown on the TWH website at the time you place your order.
2.2 You confirm to us that you are authorised to use the payment method that you provide to us when placing your order. We reserve the right to carry out any security checks required to confirm that this is the case and you confirm that you accept any security check required by us or our payment provider.
2.3 If your payment method is not authorised, we may refuse to accept your order and we will not have any responsibility for the non-delivery of the goods. We will also not be responsible for any charges or penalties imposed by the payment provider as a result of the attempt to process payment in respect of your order.
3. Delivery
3.1 All delivery dates and times on the TWH Website are given only for general guidance and are not guaranteed. In most cases we are able to deliver the goods to you within our estimated delivery times. Where we anticipate that delivery may be delayed we will do our best to contact you to inform you of the delay and offer you the opportunity to cancel your order if you wish.
3.2 Your order will be delivered to the address you provide us when you place your order.
3.3 We offer free delivery on orders over £30. This only covers England, Wales, and parts of Scotland, excluding Highlands and Islands. Other areas will incur a charge which will be notified to you at checkout.
3.4 No liability will be attached to TWH if delivery periods or dates are not met for any reason.
3.5 You will become the owner of the goods you ordered and responsible for risk of loss of or damage to them once they have been delivered to you.
4. Cancellations & Returns
4.1 You may cancel your order for products within 14 days of the date on which the products are delivered to you. Please be aware that we are unable to cancel, refund or exchange the products which are either bespoke or have been personalised to you or made to order unless they are faulty or not as described.
4.2 You can cancel during this 14-day cooling-off period by e-mailing us at cancellations@thewholehoof.com and including your order number and reason for the cancellation. IMPORTANT please use our ‘Contact US’ form during this COVID-19 time to ensure we do not miss your email.
4.3 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to us at your own cost in their original condition and packaging and they must be unused. Please be aware that risk remains with you until we receive the product returned back to us at the address provided. We recommend you use a tracking service from your chosen sending partner. The goods must be returned to the address notified to you by TWH with your RMA number following your cancellation email request. If you do not return the goods in the manner required, we may charge you a sum not exceeding the direct costs of recovering the goods. We will not be responsible for any damage that may occur in transit or whilst in your possession.
4.4 If you cancel your order we will reimburse all payments we have received from you in respect of the returned products (including a refund of any basic postage or delivery charges for sending the item to you). We will make the reimbursement using the same means of payment you used for the initial transaction, unless you and we have expressly agreed otherwise.
4.8 If the products delivered are faulty, not of satisfactory quality or do not conform to the description provided, you may cancel the contract and obtain a full refund (including a refund of the postage or delivery charges for sending the item to you and reasonable postage costs incurred by you in returning the item to us (proof of cost to be provided on request)). Please notify us as soon as possible at returns@thewholehoof.com if you believe a product to be faulty and we will investigate. In your email to us please provide proof of purchase (your name, email and order number) and information regarding the fault(s) found. Please note that we may withhold reimbursement until we have received the product back and can determine that it is faulty. We will reimburse you using the same means of payment used for the initial transaction unless we have agreed otherwise. IMPORTANT please use our ‘Contact US’ form during this COVID-19 time to ensure we do not miss your email.
5. Liability
5.1 These terms and conditions shall not limit or exclude any liability that we are not permitted to limit or exclude under applicable law.
5.2 The information available on or through the TWH website is intended as information only and does not constitute medical, veterinary or other advice.
5.3 Any representation concerning any use of the goods sold or the results provided by using them made by TWH in any sales or marketing literature (including the TWH website) or in any response to a specific enquiry is given in good faith but itis your sole responsibility to determine that the products sold by TWH are suitable for your use.
5.4 Where the TWH website includes views, opinions, advice and recommendations by any third parties including other customers, these views, opinions, advice and or recommendations are not endorsed by us and we do not accept any liability as to the aforesaid whatsoever.
5.5 We will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption. We will only be responsible for losses that are a natural foreseeable consequence of our breach of these terms and conditions but our liability to you in connection with any Product purchased through the TWH website will be strictly limited to the purchase price of that Product. This does not affect your statutory rights.
6. Your Personal Information
We take our obligations in relation to your personal information seriously. For information about how we process your personal data, the third parties we share your personal data with and your rights in relation to your personal data, please see our Privacy Policy.
7. Other Important Terms
7.1 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
7.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
7.3 Each of the paragraphs of these terms operates separately. If any of these terms are determined to be illegal, invalid or otherwise unenforceable then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
7.4 If we do not insist 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.
8. Governing Law
These terms shall be governed by and interpreted in accordance with the laws of England and Wales and any disputes shall be under the jurisdiction of the courts of England and Wales.