Terms and Conditions

Welcome to the web site of W Hurst & Son (IW) Ltd. 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Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on a particular page of this web site.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.

PLEASE READ BEFORE ORDERING:

Due to high levels of internet fraud and to offer better protection to our customers, we have decided that initial orders will 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.

Isle of Wight Delivery Days

Our own vans deliver to the following branches on the stated days and therefore household deliveries to the surrounding areas of each branch on the same days. You will be contacted to let you know on which day your order will be delivered. Please note that orders are processed on the weekday following your placement. E.G. an order placed on Saturday will be dealt with on Monday but will be unlikely to make Monday's van. If, however, this is not acceptable please contact us and we will endeavour to help where we can.

1. MONDAY – Cowes (NOT inc. East Cowes) & Freshwater
2. TUESDAY – Ventnor & Ryde
3. WEDNESDAY – Shanklin & Cowes (inc. East Cowes)
4. THURSDAY – Freshwater & Ventnor
5. FRIDAY – Ryde & Shanklin
6. WE DO NOT DELIVER ON WEEKENDS OR BANK HOLIDAYS

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 and you will be charged, unless we have notified you that your order is unacceptable or you have cancelled your order.

1. When goods are unavailable
2. Where authorisation for your payment cannot be obtained
3. Where there has been a pricing or production description error
4. 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 POSTAGE on our web site.

Cancellation and Returns Policy

If you wish to cancel an order:

1. Please notify us by e-mail at shop@hurst-iw.co.uk before we have dispatched your order.
2. You may cancel your order within seven working days from the day after delivery of the goods
3. If the goods have already been dispatched to you, by returning the goods to us in accordance with section 4 below
4. You can return goods you have ordered from us for any reason at any time within 28 days of receipt for a full refund or exchange. The cost incurred in returning goods to us shall be borne by you
5. Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required
6. The rights to return the goods to us as referred to in clause 5 will not apply in the event that the product has been used or is not in a resalable condition. This does not affect your statutory rights
7. Damaged and/or shortages must be notified within 3 days of delivery

Licence

You are permitted to print and download extracts from this web site for your own use on the following basis:

1. No documents or related graphics on this web site are modified in any way
2. No graphics on this Website are used separately from accompanying text
3. 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 and 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.

Delivery

At the moment we do not deliver abroad therefore all references to delivery, free or otherwise, apply to the UK (excluding the Channel Islands) only. This is offered free for orders above the amount mentioned under the tab 'Postage'. All orders over £10 for delivery on the Isle of Wight are delivered free. From time to time some items may be offered with free delivery regardless of cost. These will be marked accordingly on the website.

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, which are depicted with a red number '18' within a red circle, are only available to 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, which are depicted with a red number '18' within a red circle, are only available to 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