The term “Hall’s Rainsaver Ltd” or “the Company”, “us” or “we” refers to the owner of the website whose registered office and other particulars are shown at the bottom of the page. The term “you” refers to the user or viewer of our website.
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Goods”) listed on our website, hallsrainsaver.com (“our website”) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
You will need to accept these terms and conditions prior to purchasing any Products. If you refuse to accept these terms and conditions, you will not be able to order any Products from our website.
1. Price and payment
1.1 The price of any Goods will be as quoted on our website from time to time, except in cases of obvious error.
1.2 Prices are liable to change at any time, but changes will not affect orders which have already been placed.
1.3 Payment for all Goods must be by credit or debit card.
2. Our delivery policy
2.1 The prices states on this website reflect the cost of carriage to most UK mainland postcode districts. However, we incur additional costs for delivery of certain products to some postcodes, these being remote areas. If we do incur additional costs we reserve the right to levy the additional charge.
2.2 If you have placed your order on line and an additional delivery surcharge is required, your order will be placed on hold and we will contact you to notify you of the additional charge. You can then choose to continue with your order by paying the additional delivery charge or you may cancel your order at that point.
2.3 Any next working day delivery offered is not a guaranteed service. If a guaranteed delivery date is required, this is available at cost.
2.4 Orders received on Saturdays, Sundays or public holidays and orders received after 12pm on weekdays, will be processed the next working day. We do not normally deliver on Saturdays, but where we agree to a Saturday delivery, an additional charge will be levied and this will be made clear at the time of placing your order. We do not deliver at all on Sundays or public holidays.
2.5 When placing your order, please ensure that you have included the full delivery address details, including an accurate postcode of the delivery address and your daytime contact telephone number(s) and an up to date e-mail address so that we can notify you in the event of a delivery problem. Our deliveries normally require a signature on receipt. On placing an order should you request the parcel to be left without a signature (i.e porch, garage, back garden etc) you shall be liable should the parcel not be received. In these circumstances we cannot take any responsibility should the order not be received. Parcels left without a signature are at the discretion of the driver.
2.6 If you miss the delivery of your order, a second attempt is normally made (with the exception of Royal Mail). You may incur a re-delivery charge as we have met our original delivery obligation with our first attempted delivery. If this is the case we will notify you, prior to the re-delivery, of any charges that may apply.
2.7 Once delivered, products are your responsibility. Any loss or damage to the products will be at your own risk.
2.8 If you have received a package that is damaged and have chosen to accept the delivery, it is important that you sign the delivery note as “Damaged”. You must notify us of any damage within 5 days of receipt and we may require photographic evidence of the damage. We will arrange to collect and replace your item within an agreed time or offer an alternative remedy. Signing of the delivery note as “unchecked” or similar wording does not waive your right of notification to us for damage as detailed above.
2.9 No party shall be liable for any failure to perform its obligations where such failure is as a result of circumstances beyond reasonable control such as (but not limited to) acts of nature including earhquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost, war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions, national or local disruptions in air or ground transportation networks or mechanical problems to modes of transport or machinery, or criminal acts of third parties.
3. Our cancellation and returns policy
3.1 If you wish to cancel your order prior to despatch you must contact us immediately.
3.2 If you wish to cancel your order after despatch because you were unable to accept the goods for delivery you will be liable for a delivery charge which will be deducted from your refund.
3.3 Under the Distance Selling Regulations you have the right to cancel within seven days of receipt of the Goods. You must notify us in writing (email or fax is acceptable).
3.4 You are responsible for the safekeeping of goods whilst they are in your possession.
3.5 The Goods must be returned in the same, unopened and unused, resaleable condition they were supplied and returned via recorded delivery, with the original packaging and a copy of the invoice supplied on.
3.6 All return costs are to be borne by you in relation to returning under clause 3.3
3.7 When the Goods have been returned and inspected to ensure they are in accordance with clause 3.5, payment will be refunded. We will deduct our directly related, reasonable costs from any refund.
3.8 In the case of customised orders where goods have been made specifically to your order the above cancellation provisions do not apply.
3.9 If the product is damaged or broken on arrival you can return the goods (damage must be reported within 5 days of delivery – see clause 2.7 above). We will require photographic evidence of the condition of the item you are returning. We will collect the item(s) from you if applicable. You will receive a replacement or alternatively a refund once the goods have been received by us and have been inspected.
3.10 If the product delivered is not what you ordered or does not correspond fully with its item description and you wish to discuss this please contact us immediately.
3.11 We cannot accept back for a full refund any item which has been incorrectly assembled causing a fault or damage, or modified in any way (including but not limited to painting, treating with chemicals etc).
3.12 If any parts are missing following inspection (prior to assembly), please contact us within 7 days of delivery detailing the parts concerned. We will arrange for relevant part(s) to be sent out to you. Please note that parts must be checked before assembly to make sure they are all present.
3.13 We will usually refund any money received from you using the same method originally used by you to pay for your purchase and will be processed as soon as practicable, within a maximum of 30 days. If your method of payment is on a card where the currency is not in GBP sterling, it is not reasonable for us to accept responsibility for any loss or gain caused by changes in the exchange rate between the time of ordering and the time of issuing the refund.
3.14 This condition does not affect your statutory rights.
4. Our liability
4.1 Our liability for losses you suffer as a result of us breaking this agreement, including deliberate breaches, is strictly limited to the purchase price of the Goods you purchased
4.2 Nothing in the clause seeks to exclude, restrict or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
4.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, even if such losses result from a deliberate breach of these terms by us that would entitle you to terminate the contract between us, including but not limited to:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time
however arising and whether caused by tort (including negligence), breach of contract or otherwise.
5. Written communications
5.1 Applicable laws require that some of the information or communications we send to you should be in writing.
5.2 When using our website, you accept that communication with us will be mainly electronic.
5.3 We will contact you by e-mail or provide you with information by posting notices on our website.
5.4 For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
5.5 This condition does not affect your statutory rights.
6.1 All notices given by you to us must be given to us either by contacting us through our website, by email or in writing to our registered office.
6.2 We may give notice to you at either the e-mail or any postal address you provide to us when placing an order, or in any of the ways specified in clause 6 above.
6.3 Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.
6.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
7. Transfer of rights and obligations
7.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
7.2 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
7.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
8. Events outside our control
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (“Force Majeure Event”).
8.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular but, without limitation, the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
8.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues and we will have an extension of time for performance for the duration of that period.
8.4 We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
9.1 If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
9.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
9.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clauses 5 and 6 above.
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
11. Entire agreement
11.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to purchase of any Product.
11.2 We each acknowledge that, in entering into a contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty of any person (“Representation”) (whether a party to that contract or not) other than as expressly set out in these terms and conditions.
11.3 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.
11.4 Nothing in this clause shall limit or exclude any liability for fraud.
11.5 The rights of any person not a party to this Agreement under the Contracts (Rights of Third Parties) Act 1999 are expressly excluded.
12. Our right to vary these terms and conditions
12.1 We have the right to revise and amend these terms and conditions from time to time.
12.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us.
13. Law and jurisdiction
13.1 Contracts for the purchase of Products through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.
13.2 Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.