Terms of Service

This document provides information and advice about Thelermonthupton Limited’s business, website and products. If any of your questions are not covered here, please email sales@thelermonthupton.com for further information.

OVERVIEW

This website is operated by Thelermonthupton Limited. Throughout the site, the terms “Thelermont Hupton”, “we”, “us” and “our” refer to Thelermonthupton Limited.  Thelermont Hupton offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Conditions of Sale”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.


TERMS AND CONDITIONS OF SALE

Unless otherwise agreed in writing by Thelermont Hupton, all goods are supplied on the following conditions to the exclusion of any terms or conditions stipulated by the buyer and of any representations, warranties or communications not expressly incorporated herein or in the order confirmation.
Orders can be placed through our website, over the phone and via email. Once you have placed an order with us, we will email you within 48hrs with an order confirmation and additional information relating to your order. Once you have received a confirmation you will have entered into a purchase contract with us.
In the unlikely event that there is a pricing mistake or the goods are no longer available, we will advise you of this. In this case you will not receive a confirmation email and therefore there will be no contract between us.
It is the customer’s responsibility to check the order form and confirm that all products and address, contact and telephone details are correct.

CANCELLATION AND RETURNS

Our policy lasts 14 working days. If 14 working days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.


CONTACT DETAILS FOR RETURNS, CANCELLATIONS & EXCHANGES

Email:  sales@thelermonthupton.com
Address: Thelermont Hupton, Station Approach, Great Chesterford, Saffron Walden, CB10 1NY, UK.

 

REFUNDS

Stock items
When you purchase an item that is in stock i.e. not made to order you have the right to cancel your contract (by notifying us in writing or other durable medium such as email) and returning items to us up to 14 working days after delivery subject to the conditions below:

To be eligible for a refund, any products that are returned should be unused, in the same saleable condition that you received it and it must also be in the original undamaged packaging. “Saleable” means the item is in its original condition, with no scratches, marks or blemishes on any part of the product.

If you request a refund, we will refund the amount you paid for your goods excluding the original delivery and the charge for returning the goods (unless they are faulty or damaged). The delivery charge is non-refundable. If you fail to take reasonable care of the goods before they return to us and this causes the damage or deterioration of the products, we will charge you for the reduction in value (a partial refund).

Once your return is received, inspected and if your refund is approved you will receive a refund from us that will be paid within 30 days of your return of goods. For security reasons, refunds are given by the same method that the original payment was made by.

Non-stock items
For non-stock items i.e. items that are made to order on a typical 7-8 week lead time, there will be no charge for cancellation or amendments to orders if notification is received in writing by us within 7 working days of placing the original order. We will not be able to refund any payment after that time. All amendments to orders must be notified in writing or other durable medium such as email.

Furniture made to order (either standard size, custom and/or bespoke) may only be returned for full refund or exchanged in the unlikely event of items being found to be faulty.

It is the customer’s responsibility to ensure that all measurements of furniture purchased are checked to ensure accessibility. Any item of furniture that we are unable to deliver as a result of problems involving access that were not mentioned in writing at time of order will not be refunded.
Once your refund is approved you will receive a refund from us that will be paid within 30 days of your return of goods. For security reasons, refunds are given by the same method that the original payment was made by.


This cancellation policy does not affect your statutory rights


LATE OR MISSING REFUNDS (IF APPLICABLE)

If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at office@thelermonthupton.com


SALE ITEMS (IF APPLICABLE)

Only regular priced items may be refunded, unfortunately sale items cannot be refunded.


EXCHANGES

Please inspect your order as soon as it arrives, and notify us within 7 working days of the date you receive them if we deliver incorrect or damaged goods. We only refund or replace/exchange items if they are incorrect, defective or damaged .  We will not be liable for any damage or loss resulting from repairs attempted by you or third parties.

To be eligible for an exchange, any products that are returned should be unused, in the same saleable condition that you received it and it must also be in the original undamaged packaging. “Saleable” means the item is in its original condition, with no scratches, marks or blemishes on any part of the product.


SHIPPING OR POSTING RETURNS

To return your product, you should mail your product to: Thelermont Hupton, Station Approach Great Chesterford, Saffron Walden, CB10 1NY,  UK

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over £50, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item


LIABILITY

If the goods we deliver are not what you ordered, are damaged or defective, or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us of the problem in writing or by email at sales@thelermonthupton.com within 7 working days of the delivery of the goods in question. If you notify a problem to us under this condition, our only obligation will be, at our option:
To make good any shortage or non-delivery
Or to replace or repair any goods that are damaged or defective
Or to refund to you the amount paid by you for the goods in question
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase. Notwithstanding the foregoing, nothing in these Terms of Service  is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

CANCELLATION BY US
We reserve the right to cancel the contract between us if:
We are unable to get sufficient stock to deliver the goods you have ordered
We do not deliver to your area
One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
We will not be obliged to offer any additional compensation for disappointment suffered.
In the event of us cancelling the order we will provide a full refund.

DELIVERY
We aim to despatch all items (except commissioned pieces) within two weeks of payment being received. We will notify you, in our confirmation email if we anticipate delivery being longer than this.  Commissioned pieces will take longer and we will advise the likely delivery date.
Please ask if there are special circumstances or faster delivery is needed. Thelermont Hupton use courier services and Royal Mail. We will deliver to the address provided to us, it is your responsibility to ensure there is a trusted person to receive the delivery as we will not be liable for the loss of the goods.
When we despatch your order we will advise you about the couriers tracking information. If the goods are not received within 7 days it is your responsibility to advise us by email at sales@thelermonthupton.com. If you fail to inform us in this way we will not be liable for the loss of the goods.
Please be aware that although our couriers take every care when delivering your products, we cannot be held responsible for any damages that occur to your property or possessions whilst the delivery is in process. It is your responsibility to take every care to cover any carpets or furniture and remove any valuables, including pictures, from the delivery area.

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.


GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns and Cancellation clause.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, delivery address, telephone number, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns and Cancellation clause.

 
OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.


THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. You acknowledge and agree to be bound by the terms of our Privacy Policy.


ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Every care is taken to ensure descriptions, images, colours and measurements are accurate, however slight variations may occur. Thelermont Hupton reserve the right to change details. We make every effort to ensure colours appear as realistic as possible online. However due to the constraints of digital reproduction on different web browsers and screens, we cannot guarantee exact colour depiction.


PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Thelermont Hupton, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries, states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.


INDEMNIFICATION

You agree to indemnify, defend and hold harmless Thelermont Hupton and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable solicitor’s/attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.


TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 THIRD PARTY RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

COPYRIGHT
  Unless otherwise stated this site and its contents are ©2016 Thelermont Hupton  All Rights Reserved. No images may be reproduced without permission. If you wish to reproduce any part of this site for authorised promotional and press purposes only please contact press@thelermonthupton.com.


ENTIRE AGREEMENT

These Terms of Service, together with our current contact details and Privacy Policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

EVENTS BEYOND OUR CONTROL
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, accident, or force majeure.

 

GOVERNING LAW

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


NOTICES

Unless otherwise expressly stated in these Terms of Service, all notices from you to us must be in writing and sent to us at Thelermont Hupton Ltd, Studio, Station Approach, Great Chesterford, CB10 1NY, United Kingdom or by email to sales@thelermonthupton.com


OWNERSHIP OF THELERMONT HUPTON

Thelermont Hupton is owned and operated by Thelermonthupton Limited which is registered in England number 4933612. Registered office: Station Approach, London Road, Great Chesterford, Essex, CB10 1NY, UK

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at office@thelermonthupton.com.


Updated 30 September 2016

  

 
     
 

 

Join Our Mailing List