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Terms & Conditions

Welcome to the web site of W Hurst & Son (IW) Ltd. 

An item shown on the website does NOT guarantee stock. The website inventory is updated every 24hrs. If in doubt, please phone 01983 523636 Ext 237 to check stock levels before travelling or placing an order.

This page sets out our terms and conditions for use, which apply at all times, when using our web site: www.tryhurstfirst.co.uk. By using our web site and /or placing an order, you agree to be bound by these terms and conditions. The accessing of our web site indicates that you accept these terms and conditions irrespective of whether or not you choose to order from us. If you do not wish to be bound by these terms, then please do not use our site. 
The web site is owned and operated by: W Hurst & Son (IW) Ltd Head Office 33 Holyrood Street Newport Isle of Wight PO30 5AX A company registered in England and Wales. Registration number: 693444 England. Our VAT registration number is: 107 3598 66. 
We may be contacted by post at the address above, by telephone on 01983 523636, by fax on 01983 825334 or by e-mail at shop@hurst-iw.co.uk 

 Introduction 

We may revise these terms and conditions at any time by updating this posting. Please check this web site from time to time to review the terms and conditions, as they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on a particular page of this web site. If you do not wish to accept new terms and conditions we have notified you of after we have given notice, you should not continue to use our web site.

 Security 

Our database only holds basic customer information. When you place an order you will be directed to Shopify Payments. This is a secure payment website which will take your card details etc. This information is NOT held by us. Shopify then inform us that a payment has been made relating to your particular order number.  If you would prefer to give your details by phone, we do have the means to enter them manually. After which your card details are destroyed.
Due to high levels of internet fraud and to offer better protection to our customers, we have decided that initial orders may only be sent to the cardholders address. If, however you find this to be impractical you will be required to contact us by phone to establish extra security information before the goods are sent. Similarly, if we suspect that a card may be being used fraudulently, we may contact the cardholder by phone to confirm security details before despatching the goods.

A ruling by the European Court of Justice (ECJ) has invalidated the existing Safe Harbour Framework, which allowed the transfer of data between the EU and the U.S. As a response to the continuing negotiations between the EU and U.S., we must inform you that data may be held on servers based in the U.S. This information is held securely and is not available to any other parties.

 Delivery 

'Free Delivery' offer applies to orders over £50 and for delivery on the Mainland UK (exc Scottish Highlands) only.
For other areas please refer to 'UK Deliveries' tab on home page. At the moment we do not deliver to Channel Isles, ROI or abroad therefore all references to delivery, free or otherwise, apply to the UK only (excluding the Channel Islands). There are charges for deliveries to Highlands of Scotland, Northern Ireland and The Isle of Man. 
All orders placed online for delivery on the Isle of Wight over the value of £10 are delivered free and orders under £10 are charged £1.20. 
From time to time some items may be offered with free delivery regardless of cost. These will be marked accordingly on the website.If you are ordering a small item and feel that the postage may be excessive then please get in touch and we'll see what we can do.
Some items over 30kg, and bulk orders which may need palletising, may incur a delivery surcharge. On the rare occasion this occurs, we will contact you before your order is processed to ask for the extra payment or to allow you change or cancel the order for a full refund. We shall not process any orders until we have received the additional payment from you having advised you of the additional shipping cost.
All references to delivery times are approximate. We try to send parcels out within 2 working days following placement of order by 24hr courier (48hr for N.I., IOM & Scottish Highlands) or smaller, lighter items by Royal Mail first class post. At present we use DPD as our preferred carrier. If you have supplied an email address, DPD will email you beforehand giving a one hour window advising when your parcel is likely to be delivered. Similarly, if you have supplied a mobile phone number we will pass this on to DPD who will text the information. This saves you having to wait in all day. If the timing is not convenient you are given instructions on how to change the delivery day to suit (within DPD parameters). Parcels that are sent by DPD can be tracked at dpd.co.uk using the reference number on your order details in your online account. Whilst we will endeavour to deliver within the stated period we are governed by the limitations of the carrier or postal system and as such cannot be held responsible for any delays incurred due to circumstances beyond our control i.e. strikes, acts of God, times of high usage etc. If goods are sent by courier they will need to be signed for, which means there will have to be a presence at the address to which the goods are being sent. If there is no-one to accept delivery the carrier will leave a message informing you of where the parcel can be collected. Redelivery may be arranged between you and the carrier, but some carriers will make a charge for this service. This charge will be borne by you.
Unfortunately we cannot give tracking information for goods sent by Royal Mail. Occasionally customers give instructions for delivery, such as 'Leave in shed or greenhouse' or 'Leave with neighbour' If you give such an instruction we cannot be held liable for any subsequent theft, loss or damage to the goods which may occur.

 Ordering from Us 

You are deemed to have placed an order with us by using our on-line checkout process. By placing an order with us over the Internet you are entering into a legally binding contract. As part of the checkout process you will be able to check your order and to correct any errors. We will then send you an acknowledgement, detailing the products you ordered. We accept your order once the goods have been verified as being in stock and put aside for dispatch. When this happens the purchase contract will be made, unless we have notified you that your order is unacceptable, goods are out of stock, or you have cancelled your order.
We may refuse to accept an order:

  • When goods are unavailable.
  • Where authorisation for your payment cannot be obtained
  • Where extra payment security information is required and is not forthcoming.
  • Where there has been a pricing or production description error.
  • If you do not meet any eligibility criteria as indicated in these terms and conditions  

 Pricing 

 Our prices include VAT (where applicable) at the current rates. Occasionally we may show a price exclusive of VAT and show the VAT separately. Where this happens a total price will be shown.

Prices for postage, packing and insurance are detailed on the page headed 'UK Deliveries' on our web site.

 Non - Faulty Goods Returns Policy 

If you wish to cancel an order please notify us by e-mail at shop@hurst-iw.co.uk. If possible, before we have dispatched your order.
You may cancel your order within 14 days from the day after delivery of the goods.

  1. If the goods have already been dispatched to you, return the goods to us in accordance with section 4 below.
  2. You can return goods you have ordered from us for any reason at any time within 14 days of receipt for a full refund or exchange. The cost incurred in returning goods to us shall be borne by you.
  3. Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required.
  4. A full refund will only be given if the item is returned (a) unused, (b) in its original packaging and (c) in a resaleable condition.

The rights to return the goods to us as referred to in clause 4 will not apply in the event that the product has been used or is not in a resaleable condition. This does not affect your statutory rights

 Faulty Goods Returns Policy 

Damaged and/or shortages must be notified within 3 days of delivery  
If an item is faulty please notify us by e-mail at shop@hurst-iw.co.uk.  or by telephone on 01983 523636. This does not affect your statutory rights.
We will ascertain the nature of the fault and work with you as to the best way to resolve the matter.
This may not automatically result in replacement of the article. 
In the event that a return or exchange is necessary for a faulty item, the cost incurred in returning goods to us shall be borne by us.  

 Refunds 

Due to processing times quoted by the banks, card processing companies and Paypal, it can be up to 7 working days before a refund appears back in your account from the time we issue it. This is beyond our control. Should you find that it has been longer than this time period please do not hesitate to contact us and we will endeavour to resolve the situation.

 Recycling 

We believe that the best way to recycle is to re-use, so please forgive us if we re-use boxes, bubble wrap, and newspapers as packaging. It helps the environment and keeps our overheads down allowing us to provide our competitive prices.
Recycling facilities are now available for all customers where you can deposit your old electrical products. This is a requirement under UK and European legislation (The Waste Electrical and Electronic Equipment – or WEEE – Directive). The aim of the legislation is to make good use of the materials that make up old electrical equipment by recycling rather than disposing in landfill,
prevent the negative environmental effects of sending often hazardous electrical equipment to landfill. As a conscientious business, W Hurst and Son has chosen to group together with other retailers in joining the ‘Distributor Take Back Scheme’. Through this scheme, we have paid toward the provision of improved of recycling facilities for our customers.
Customers will be able to take any old electrical equipment to participating civic amenity sites (often known as ‘household waste recycling centres’) run by their local councils. Please remember that this equipment will be further handled during the recycling process, so please be considerate when depositing your equipment. Funding collected through the Distributor Take Back Scheme has been distributed between all Local Authorities in the UK to ensure the provision of improved recycling facilities. Producers of these products will then ensure that deposited items are taken away and recycled.
Wherever practical, old electrical waste should not be disposed of with your household waste.
You can locate your closest participating collection site at Recycle-more.co.uk (please remember to have your postcode to hand).
UK households dispose of over 1.2 million tonnes of electrical and electronic waste every year. This is the equivalent of 150,000 double decker buses and would be enough to fill the new Wembley Stadium 6 times over.
Much of the UK’s electronic waste ends up in landfill sites, where toxins put communities at risk.
Failure to segregate any type of recyclable material in the home will usually result in items being disposed of in a landfill site (buried in the ground in the UK) or being incinerated. To remind you to recycle, all new electrical products are marked with a crossed out wheeled bin symbol. 
Under the Waste Battery Regulations, W Hurst & Sons are now offering a take back scheme for all portable waste batteries. You can return your waste household batteries to any of our business premises in person. Alternatively, you can find your local waste portable battery recycling facility at BatteryBack.org Most supermarkets and shops that sell batteries will have collection bins for used batteries, and some town halls, libraries or schools may also set up collection points. End-users may find stores in their local area more accessible. 

 IMPORTANT INFORMATION REGARDING DYSON PURCHASES. 

It is a condition of our sales contract with Dyson that we register the sale with Dyson. This involves providing a Name, House number and Postcode. If you do not wish us to register the appliance. Please let us know in the comments box during the ordering process  

 Licence 

You are permitted to print and download extracts from this web site for your own use on the following basis:
No documents or related graphics on this web site are modified in any way
No graphics on this Website are used separately from accompanying text
Any of our copyright and trademark notices and this permission notice appear in all copies unless otherwise stated, the copyright and other intellectual property rights in all material on this web site (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this web site other than in accordance with the clauses above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this web site automatically terminates and you must immediately destroy any downloaded or printed extracts from this web site.
Subject to the clauses above no part of this web site may be reproduced or stored in any other web site or included in any public or private electronic retrieval system or service without our prior written permission.
Any rights not expressly granted in these terms are reserved.

 Visitor Material & Conduct 

Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to this web site will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial purposes.
You are prohibited from posting or transmitting to or from this web site any material that is: threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.
Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to law of or infringe the rights of any third party, in the UK or any other country in the world.
Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the web site (including, without limitation, by hacking).
We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the clauses above.
  
 Links to and from Other Web Sites 

Links to third party web sites on this web site are provided solely for your convenience. If you use these links, you leave this web site. We have not reviewed all of these third party web sites and do not control and are not responsible for these web sites or their content or availability. We therefore do not endorse or make representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party web sites linked to this web site, you do so entirely at your own risk.
 
 Registration 

To register with www.tryhurstfirst.co.uk you must be 18 years old or over.
Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

 Disclaimer 

While we endeavour to ensure that the information on this web site is correct, we do not warrant the accuracy and completeness of the material on this web site. We may make changes to the material on this web site, or to the products and prices described in it, at any time without notice. The material on this web site may be out of date, and we make no commitments to update such material.
The material on this web site is provided ‘as is’ without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide this web site on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fit for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this web site.

 Liability 

We, any other party (whether or not involved in creating, producing, maintaining, or delivering this web site), and any of the officers, directors, employees, shareholders or agents of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this web site in any way or in connection with the use, inability to use or the results of use of this web site, any sites linked to this web site or the material on such web sites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this web site or any web sites linked to this web site.
Nothing in these terms and conditions shall exclude or limit our liability for (a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1997); (b) fraud; (c) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited under applicable law.
If your use of material on this web site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this web site, or the use by any other person using your registration details.

 Governing Law and Jurisdiction 

These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
We do not warrant that materials/items for sale on the web site are appropriate or available for use outside the United Kingdom. It is prohibited to access the web site from territories where its contents are illegal or unlawful. If you access this web site from locations outside the United Kingdom, you do so at your own risk and you are responsible for the compliance with local laws.

 Miscellaneous 

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions, which shall continue to have full force and effect.
Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

 Data Protection 

At W Hurst & Son (IW) Ltd we take your privacy and security seriously and we are committed to supporting the requirements of the Data Protection Act 1998, which aims ‘to regulate the use of automatic processed information relating to individuals and the provision of services in respect of such information’. W Hurst & Son (IW) Ltd has registered as a Data User under the Act. We do not sell, rent, loan or transfer any personal information regarding our customers to any unrelated third parties. (See also our Privacy Policy)

 Violent Crimes Reduction Act 2006 

Under the Violent Crimes Reduction Act, it is an offence to sell knives, knife blades or any other product that may be perceived as an offensive weapon to persons under the age of 18. These products are only made available for persons aged 18 or over. Customers should not order these items for persons under the age of 18.
By placing an order on our website, you agree to our terms and conditions of sale and hence confirm that you are over 18 years of age and can legally purchase products covered by the Violent Crimes Reduction Act 2006

 Intoxicating Substances (Supply) Act and the Cigarette Lighter Refill (Safety) Regulations 1999 

Under Intoxicating Substances (Supply) Act and the Cigarette Lighter Refill (Safety) Regulations 1999 it is an offence to supply or offer to supply any intoxicating substances to a person under the age of 18. These products are only made available for persons aged 18 or over. Customers should not order these items for persons under the age of 18. By placing an order on our website, you agree to our terms and conditions of sale and hence confirm that you are over 18 years of age and can legally purchase products covered by the Intoxicating Substances (Supply) Act and the Cigarette Lighter Refill (Safety) Regulations 1999.

The Anti-social Behaviour Act 2003 prohibits the sale of aerosol paint to persons under the age of 16.