Terms and Conditions

VITA HARDWARE LIMITED - OUR TERMS

1. THESE TERMS
   • What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
   • Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
   • Are you a business customer or consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

• You are an individual.
• You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
  • If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

2. INFORMATION ABOUT US AND HOW TO CONTACT US
   • Who we are. We are Vita Hardware Limited a company registered in England and Wales. Our company registration number is 03883467 and our registered office is at Unit B3 Lowfields Close, Lowfields Business Park, Elland, HX5 9DX. Our registered VAT number is 746041839.
   • Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you.
   • How to contact us. You can contact us by telephoning our customer service team at 01422 371384 or by writing to us This email address is being protected from spambots. You need JavaScript enabled to view it. or Unit B3, Lowfields Close, Lowfields Business Park, Elland HX5 9DX.
   • How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
   • "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
   • How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
   • If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, because we are unable to process your payment or because we are unable to meet a delivery deadline you have specified.
   • Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
   • We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4. OUR PRODUCTS
   • Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
   • Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
   • Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us.
5. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8.- Your rights to end the contract).

6. OUR RIGHTS TO MAKE CHANGES
   • Minor changes to the products. We may change the product:
     • to reflect changes in relevant laws and regulatory requirements; and
     • to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
   • More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. PROVIDING THE PRODUCTS
   • Delivery costs. The costs of delivery will be as displayed to you on our website.
   • When we will provide the products. During the order process we will let you know when we will provide the products to you.
   • We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
   • If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the carrier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
   • If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
   • Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
     • we have refused to deliver the goods;
     • delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
     • you told us before we accepted your order that delivery within the delivery deadline was essential.
   • Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
   • Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.7, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must post them back to us or. We will pay the costs of postage.

• When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
• When you own goods. You own a product which is goods once we have received payment in full.
• What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
• Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
  • deal with technical problems or make minor technical changes;
  • update the product to reflect changes in relevant laws and regulatory requirements;
  • make changes to the product as requested by you or notified by us to you (see clause 6.).
• Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than [one calendar month] and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

8. YOUR RIGHTS TO END THE CONTRACT
   • You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
     • If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
     • If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
     • If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
     • In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.
   • Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
     • we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
     • we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
     • there is a risk that supply of the products may be significantly delayed because of events outside our control;
     • we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one calendar month; or
     • you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.8).
   • Exercising your right to change your mind when you are a Consumer (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
   • When consumers don't have the right to change your mind. You do not have a right to change your mind in respect of:
     • Products which have been produced to your bespoke specifications; and
     • any products which become mixed inseparably with other items after their delivery.
   • If you are a consumer you have 14 days after the day you (or someone you nominate) receives the goods, unless Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
   • Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
   • Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
     • Phone or email. Call customer services on 01422 371384 or email us at This email address is being protected from spambots. You need JavaScript enabled to view it.. Please provide your name, home address, details of the order and, where available, your phone number and email address.
     • Online. Complete the [form INSERT LINK TO ONLINE FORM] on our website.
     • By post. Print off the [form INSERT LINK TO PRINTABLE FORM] and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
   • Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Unit B3, Lowfields Close, Lowfields Business Park, Elland HX5 9DX.If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
   • When we will pay the costs of return. We will pay the costs of return:
     • if the products are faulty or misdescribed; or
     • if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.  

• How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
• When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
  • If the products are goods your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
  • In all other cases, your refund will be made within 14 days of your telling us you have changed your mind

10. OUR RIGHTS TO END THE CONTRACT
    • We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
      • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products.
      • you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
    • You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
    • We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. If there is a problem with the product
    • How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01422 371384 or write to us  at This email address is being protected from spambots. You need JavaScript enabled to view it. Unit B3, Lowfields Close, Lowfields Business Park, Elland HX5 9DX.

• Your rights in respect of defective products if you are a consumer. If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

• Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage or collection.

12. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS

12.1 If you are a business customer we warrant for a period of 12 months only that on delivery any products which are goods shall:

(a)  conform in all material respects with their description and any relevant specification;

(b)  be free from material defects in design, material and workmanship;

(c)  be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

(d)  be fit for any purpose held out by us.

12.2 Subject to Clause 12.3, if:

(a)  you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in Clause 12.1;

(b)  we are given a reasonable opportunity of examining such product; and

(c)  you return such product to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

12.3  We will not be liable for a product’s failure to comply with the warranty in Clause 12.1 if:

(a)  you make any further use of such product after giving a notice in accordance with Clause 12.2(a);

(b)  the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;

(c)  the defect arises as a result of us following any drawing, design or specification supplied by the Customer;

(d)  you alter or repair the product without our written consent; or

(e)  the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

12.4  Except as provided in this Clause 12, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in Clause 12.1.

12.5  These terms shall apply to any repaired or replacement products supplied by us under Clause 12.2.

13. PRICE AND PAYMENT
    • Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order.
    • We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
    • What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
    • When you must pay and how you must pay. We accept payment with PayPal only. Payment will be taken when you order the goods.
    • What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
    • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2 and for defective products under the Consumer Protection Act 1987
    • We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS

15.1  Nothing in these terms shall limit or exclude our liability for:

(a)  death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

(b)  fraud or fraudulent misrepresentation;

(c)  breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

(d)  defective products under the Consumer Protection Act 1987; or

(e)  any matter in respect of which it would be unlawful for us to exclude or restrict liability.

15.2  Except to the extent expressly stated in Clause 12.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

15.3  Subject to Clause 15.1:

(a)  we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

(b)  our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100 per cent of the total sums paid by you for products under such contract.

16. How we may use your personal information
    • How we will use your personal information. We will use the personal information you provide to us:
      • to supply the products to you;
      • to process your payment for the products; and
      • if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
    • We will only give your personal information to third parties where the law either requires or allows us to do so.
17. OTHER IMPORTANT TERMS
    • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    • Nobody else has any rights under this contract
    • This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    • Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

• Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim

CANCELLATION FORM FOR CONSUMER CUSTOMERS:

(Complete and return this Form only if you wish to withdraw from the Contract)

To:

Unit 18F3

Brooke’s Mill

Armitage Bridge

Huddersfield

HD4 7NR

Tel: 01422 371384

Fax: 01422 387689

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods:

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

RETURNS LABEL:

Unit 18F3

Brooke’s Mill

Armitage Bridge

Huddersfield

HD4 7NR