Terms & Conditions
This agreement applies between you, the User of this Web Site and We Are Hedgy Limited, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you disagree with being bound by these terms and conditions, you should immediately stop using the Web Site.
Definitions and Interpretation
In this Agreement, the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Hedgy” means We Are Hedgy of Gloucestershire, United Kingdom;
“Service” means collectively any online facilities, tools, services or information that Hedgy makes available through the Web Site either now or in the future;
“System” means any online communications infrastructure that Hedgy makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Web Site and is not employed by Hedgy and acting in the course of their employment; and
“Web Site” means the website you are currently using (wearehedgy.co.uk).
Intellectual Property
All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code, and software is the property of Hedgy, our affiliates or other relevant third parties. By using the Web Site, you acknowledge that such material is protected by applicable the United Kingdom and International intellectual property and other relevant laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Hedgy.
Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Hedgy or our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any forms of loss or damage arising out of their use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or those in control.
Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the site's home page wearehedgy.co.uk without prior permission.
Products Descriptions and Prices
We do our best to ensure that the information about Products is accurate and up to date. However, we do not guarantee that there will be no errors in the description and pricing of the Products or that Products will always be available if you wish to place an order to purchase them.
Also, the colours you see on your screen may depend on your computer system and settings, so we cannot guarantee that your computer will accurately display such colours.
We reserve the right to modify the information about Products displayed on our Site, including prices, descriptions, and availability. However, such changes will not affect Orders for which you have already received an Order Receipt email.
Purchases on the Website
To complete a purchase, you first have to place an order for Products. Then, this Order has to be accepted by us.
You must be 18 years of age or over to place an order. To place an order, you will have to select the Products on the Site, select your preferred shipping method and, if you like, other optional services, and finally click on the “CONFIRM” button. We will not accept Orders placed in any way other than as detailed above.
When you place the order through the Site, you will receive an automated email confirming receipt of your order. The Order Receipt email contains full details of your Order (such as Order No., information on Products, prices, shipping address, delivery costs and others). Please note that the Order Receipt email is NOT already an acceptance of your Order.
When we accept your Order, we send you an email confirming that all, or part, of the Products have been shipped ("Shipping Confirmation email").
Once you receive the Shipping Confirmation email, your Order has been finally accepted by us, and the purchase contract between you and us is concluded about the Products shipped. Such a contract is composed of: your Order, our Order Receipt, and Shipping Confirmation emails; the then-current Terms and Conditions shall apply.
When Orders are not accepted
While we do our best always to accept Orders, we could, however, refuse an Order in some instances, for example, if you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address; we discover that there was an error on our Site relating to the Products you ordered, for example as regards the price or description displayed; the Products you ordered are unfortunately out of stock or no longer available; We have reasonable grounds to believe that you intend to resell the Products. If we cannot accept your Order, we will contact you by email as soon as possible, but in any case, no later than 30 days from the date of your order. If we cannot accept your Order because the Products are no longer available or because of an error in the price and other information on our Site, we will refund you any money you may have already been charged for such Products.
Return Policy
We hope your order meets your expectations; however, if you are dissatisfied with your order or change your mind, you can return it for an exchange or refund (within 14 days from the dispatch date).
Please contact our Customer Service team via email within 14 days of your original order shipment date, quoting your order number, and we will explain how to return your product(s). Please note that we can only offer a refund if returned within 30 days from the date of dispatch.
Products must be returned in their original condition, and unfortunately, we cannot accept items back that have been opened or used unless the product is damaged or defective.
Unfortunately, your original delivery cost will not be refunded. Your return request will be processed promptly within six working days of receipt.
Once your return has been processed, an email will be sent to confirm the completion of your refund or exchange.
Refunds will only be made against the original credit/debit card used.
Once we receive and inspect your return, we will email you to confirm that we have received your returned item. We will also notify you of the approval or rejection of your refund. If approved, your refund will be processed, and a credit will automatically be applied to your credit card or the original payment method. We recommend using a trackable shipping service or purchasing shipping insurance when you return a product or product. We cannot guarantee that we will receive your returned item.
No Products may be returned to Hedgy without the prior Agreement in writing of Hedgy. Subject to it, any Products returned which Hedgy is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at Hedgy' sole discretion, Hedgy shall refund or credit to the Customer the price of such defective Products. Still, Hedgy shall have no further liability to the Customer.
Hedgy shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to customary conditions, failure to follow Hedgy' instructions (whether oral or in writing), misuse or alteration of the Products without Hedgy' approval, or any other act or omission on the part of the Customer, its employees, or agents or any third party.
Subject as expressly provided in this Agreement, and except where the Products are sold under a consumer sale, all warranties, conditions, or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
The Customer shall be responsible for ensuring that, except to the extent that instructions as to the use or sale of the Products are contained in the packaging or labelling of the Products, any use or sale of the Products by the Customer complies with all applicable statutory provisions and that handling. The sale of the Products by the Customer is carried out by directions given by Hedgy or any competent governmental or regulatory authority. The Customer will indemnify Hedgy against any liability loss or damage that Hedgy might suffer due to the Customer's failure to comply with this condition.
Risk of Loss
All items purchased are made under a shipment contract with our carriers. This means that the risk of loss and title for such items passes to you upon our delivery of your order to the carrier.
If you do not receive your order within 20 working days from the despatch date, don't hesitate to get in touch with us. We request that you contact us as soon as possible and within 45 days of placing your order. If you contact us outside of this time frame, we are unable to track your order or provide any reimbursement.
Charge-backs
You agree to contact Hedgy prior to raising a request for a charge-back or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment through Hedgy and later dispute a legitimate charge by raising a charge-back without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid charge-back request and or pursue legal action as the case may be.
Privacy
For applicable data protection legislation, Hedgy will process any personal data you have provided to it in accordance with the Privacy Policy available on the Hedgy website or a request from Hedgy.
You agree that if you have provided Hedgy with personal data relating to a third party, (1) you have in place all necessary, appropriate consents and notices to enable lawful transfer of such personal data to Hedgy and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Hedgy’ website or otherwise provided a copy of it to the third party. You agree to indemnify Hedgy in relation to all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.
Disclaimers
Hedgy makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
No part of this Web Site is intended to constitute advice, and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of the information, compatibility, and satisfactory quality.
Hedgy accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of Liability
To the maximum extent permitted by law, Hedgy accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special, or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
Nothing in these terms and conditions excludes or restricts Hedgy's liability for death or personal injury resulting from any negligence or fraud on the part of Hedgy.
Every effort has been made to ensure that these terms and conditions adhere strictly to the relevant provisions of the Unfair Contract Terms Act 1977. However, if any of these terms are unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions. It shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Notices
All notices/communications shall be given to us either by post to our Premises (see address above) or by email. Such notice will be deemed received three days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law and Jurisdiction
These terms and conditions and the relationship between you and Hedgy shall be governed by and construed in accordance with the Law of England and Wales and Hedgy, and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
