T&C's OF WEBSITE AND SUPPLY / ACCEPTABLE USE

 

Terms of Supply

These terms (together with our Terms of Website Use www.hattonbydesign.com/terms-and-conditions/; Acceptable Use Policy www.hattonbydesign.com/acceptance-use; Privacy Policy and Cookie Policy www.hattonbydesign.com/privacy-policy-cookie ) tells you information about us and the legal terms and conditions (the "Terms") on which we sell any of the products (the "Products") listed on our website ("our site") to you.

These Terms will apply to any contract between us for the sale of Products to you (the "Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.

We amend these Terms, from time to time, as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms and conditions which will apply at that time. Any changes will take effect from when they are posted on our site and it is your responsibility to read the Terms on each occasion that you use our site.

These Terms, and any Contract between us, are only in the English language.

 

1. Information about us

 

1.1 We operate the website www.hattonbydesign.com. We are Hatton by Design Ltd a company registered in England and Wales under company number 09112743 and with our registered office at 200 – 203 Strand London WC1R 2DJ. Our main trading address is 2nd Floor, 32-34 Greville Street, Hatton Garden, London, EC1N 8TB. Our VAT number is GB191072322.

 1.2 Contacting us if you are a consumer:

(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to our contact our customer service line on 0330 022 0441 or by emailing info@hattonbydesign.com.

(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 0330 022 0441 or by emailing info@hattonbydesign.com.

(c) If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.


1.3 Contacting us if you are a business. You may contact us by telephoning our customer service line on 0330 022 0441 or by emailing info@hattonbydesign.com.

 

2. Our Products

2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 1%, or the industry standard percentage tolerance, whichever is the greatest.

2.3 The packaging of the Products may vary from that shown on images on our site.

 

3. Use of our site

Your use of our site is governed by our Terms of Website Use www.hattonbydesign.com/terms-and-conditions/; Acceptable Use Policy www.hattonbydesign.com/acceptance-use. Please take the time to read these, as they include important terms which apply to you. 


4. How we use your personal information

We only use your personal information in accordance with our Privacy Policy www.hattonbydesign.com/privacy-policy-cookie. Please take the time to read our Privacy Policy (www.hattonbydesign.com/privacy-policy-cookie) as it includes important terms which apply to you.

 

5. If you are a consumer (clause 5 only applies if you are a consumer)

If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.

 

6. If you are a business customer (clause 6 only applies if you are a business)

6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.

6.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them. 

6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

 

7. How the contract is formed between you and us

7.1 Our site will guide you through the steps you need to take to place an order with us.  Our order process allows you to check and amend any errors before submitting your order to us. You agree to read and check your order at each page of the order process.

7.2 The ‘Checkout’ stage sets out the final details of your order. Following this, we will send to you an ‘New Order’ email detailing the Products you have purchased. 

7.3 We do provide direct access to the details of your purchase on our website however you are advised to print out the ‘New Order’ email for your own records. If you wish to obtain specific details of your previous purchases contact us in accordance with clause 1 of these Terms.

7.4 Payment is made online by first choosing your order and then following the 'Check Out' process. Payment will be made by Debit/Credit card through Worldpay (a trusted and secure online payment service).

7.5 After you place an order, in the process of considering your order application, Worldpay will verify your ID, it is important that you give us accurate information. Worldpay will then check your details for fraud. Telephone us on 0330 022 0441 if you want to have details of Worldpay and how they use your information. You have a legal right to these details. You also have a right to receive a copy of the information we hold about you if you apply to us in writing.

7.6 Once we receive your order, we shall verify your Credit/Debit card details and stock availability and then take payment from the card.

7.7 We use all reasonable endeavors to fulfill orders within ten working days but the Products are always subject to availability. In the event that we are unable to supply the Product we will inform you of this as soon as possible. A full refund will be given where you have already paid.

7.8 The price you pay is the price displayed on our site at the time we receive your order. Whilst we make every effort to ensure that all prices on our site are correct, errors sometimes do occur.  If such an error in the price of the goods you have ordered is discovered, we will let you know of this as soon as possible. You will be given the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you we will treat the purchase as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

7.9 All prices include VAT (where applicable) at the applicable current rates and include delivery charges, unless expressly stated.

7.10 We may at our sole discretion cancel your order in which case we shall return any monies received from you, within 30 days of receipt of such monies to your nominated account. 

7.11 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in sub clause 12.5, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

7.12 You agree that in any event we shall have no liability to you for any loss, damage, costs, expenses or other claims that you may incur. You agree to indemnify us in full against all costs and outgoings incurred by us in obtaining payments from you in the event that a failed payment occurs.

 

8. Our right to vary these Terms

8.1 We amend these Terms from time to time. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

8.2 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements or any other relevant circumstance.

8.3 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

 

9. Returns and Substitutions (clause 9 only applies if you are a consumer)

9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in sub-clause 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.

9.2 However, this cancellation right does not apply in the case of any Products which become mixed inseparably with other items after their delivery.

9.3 Your legal right to cancel a Contract starts from the date of the ‘New Order’ (the date on which we email you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

 

Your Contract

End of the cancellation period

Your Contract is for a single Product (which is not delivered in instalments on separate days).

The end date is the end of 14 days after the day on which you receive the Product.

Example: if we provide you with an ‘New Order’ on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.

Your Contract is for either of the following:

  • One Product which is delivered in instalments on separate days.
  • Multiple Products which are delivered on separate days.

The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.

Example:  if we provide you with a ‘New Order’ on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.

Your Contract is for the regular delivery of a Product over a set period.

The end date is 14 days after the day on which you receive the first delivery of the Products.

Example: if we provide you with an ‘New Order’ on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.

9.4 Cancellations made within 24 hours of the time noted on the ‘New Order’ will be refunded in full, in accordance with sub-clause 9.1, however for cancellations made after the expiration of 24 hours of the time noted on the ‘New Order’ we reserve the right to recover any reasonable costs incurred with regards to labour, materials and administration fees.

9.5 This returns policy is limited to items that have not been customised from their original state as displayed on our website (please contact us to discuss this further, as management has the ability to waive these limitations on a case by case basis.  In the unlikely event that the Product turns out to be faulty, damaged or different from those you ordered, we will repair the item free of charge or refund the item in full).

9.6 Returns of orders will be confirmed only where you have returned the item in its original condition, unworn and together with its original packaging and certificate where applicable.  Non-return of the certificate will be charged at £100 for a replacement certificate and you may be charged an additional replacement cost for packaging and any other collateral material. You will need to bear the costs of shipment and insurance.

9.7 Should you not like the Product we will arrange to remount the diamond (where one or more were selected) in a design of their choice, without charge, save for any additional metal, diamonds or labour required and a nominal £50 administration and processing charge.

9.8 All returned Products are subject to verification and authentication by our team. A Product with any element of personalisation, engraving, bespoke items, designs by or for the client, may be considered for return and refund on a case-by-case basis. For Health and Safety reasons, earrings cannot be returned. For security reasons we recommend that you do not use the name Hatton By Design anywhere on the packaging of your returned. To arrange a return we would require you to contact our Customer Services either by calling 0330 022 0441 or by emailing info@hattonbydesign.com.

9.9 The Product remains our property until it has been paid for in full.  In case you receive goods you have not paid for and you are requested to return the same to us, you have to do so immediately without delays. We will incur the costs of delivery but may charge you interest in the amount of 2% above the WorldPay rate to be calculated form the day you have received the goods.

9.10 Because you are a consumer, we are under a legal duty to supply a Product that is in conformity with this Contract.  As a consumer, you have legal rights in relation to a Product that is faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

 

10. Delivery

10.1 Estimated timescales are specified when you place an order.  We will endeavour to deliver the Product within the estimated timescales; however delays are occasionally inevitable due to unforeseen factors. We will not be held liable for any delay or failure to deliver the Product within an estimated timescale. Occasionally our delivery to you may be affected by an Event Outside Our Control (see clause 16 for our responsibilities when this happens).

10.2 Orders can be collected by hand, directly from us at our office, with an appropriate proof of Identity such as passport or driving license.

10.3 Risk of loss and damage of a Product passes to you after the item has been delivered to you.

10.4 If no one is available at your address to take delivery, we will leave you a note that the Product has been returned to our premises, in which case, please contact us to rearrange delivery.

10.5 Delivery of an Order shall be completed when we deliver the Product to the address you gave us or you or a carrier organised by you collect them from us and the Product will be your responsibility from that time.

10.6 You will own the Product once we have received payment in full, including all applicable delivery charges.

(This sub-clause 10.7 only applies if you are a consumer.)

10.7 If we miss the delivery deadline for a Product then you may cancel your Order straight away if any of the following apply:

(a) We have refused to deliver the Product;

(b) Delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c) You told us before we accepted your order that delivery within the delivery deadline was essential.

 

10.8 If you do not wish to cancel your order straight away, or do not have the right to do so under sub-clause 10.7, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.

10.9 If you do choose to cancel your Order for late delivery under sub-clauses 10.8 or 10.9, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Product has been delivered to you, you will have to return it to us or allow us to collect it, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Product and its delivery.

 

11. International delivery or non available

We currently only deliver to addresses in the United Kingdom.

 

12. Price of products and delivery charges

12.1 The prices of the Products will be as quoted on our site at the time you submit your order.  We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.  However please see sub-clause 12.5 for what happens if we discover an error in the price of Product(s) you ordered.

12.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

12.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Product(s) in full before the change in VAT takes effect.

12.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.

12.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

(a) Where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and

(b) If the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

 

13. Our warranty for the Products

13.1 For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in sub-clause 13.2.

13.2 The warranty in sub-clause 13.1 does not apply to any defect in the Product arising from:

(a) Fair wear and tear;

(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

(c) if you fail to operate or use the Product in accordance with the user instructions;

(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or

(e) any specification provided by you.

 

13.3 If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Product that is faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

 

14. Our liability if you are a business (clause 14 only applies if you are a business customer). 

14.1 We only supply a Product for internal use by your business, and you agree not to use the Product for any resale purposes.

14.2 Nothing in these Terms limits or excludes our liability for:

(a) Death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

(d) defective products under the Consumer Protection Act 1987. 


14.3 Subject to sub-clause 14.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a) Any loss of profits, sales, business, or revenue;

(b) loss or corruption of data, information or software;

(c) loss of business opportunity;

(d) loss of anticipated savings;

(e) loss of goodwill; or

(f) any indirect or consequential loss.

 

14.4 Subject to sub-clause 15.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Product.

14.5 We will endeavour to verify the accuracy of any information on our site but make no representation or warranty of any kind (whether express or implied statutory or otherwise) regarding the contents or availability of our site or that it will be timely or error-free, that defects will be corrected, or that our site or the server from which it is made available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be held responsible for any loss of content or material uploaded or transmitted through the website and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.

14.6 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

 

15. Our liability if you are a consumer (clause 15 only applies if you are a consumer).

15.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.

15.2 We only supply the Products for domestic and private use.  You agree not to use a Product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15.3 We do not in any way exclude or limit our liability for:

(a) Death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e) defective products under the Consumer Protection Act 1987.

 

16. Events outside our control

16.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in sub-clause 16.2. 

16.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) We will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

 

16.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days by contacting us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

 

17. Communications between us

17.1 When we refer, in these Terms, to "in writing", this will include email.

17.2 If you are a consumer you may contact us as described in sub-clause 1.2.

17.3 If you are a business:

(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or email.

(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day (a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.) after posting or if sent by email, one Business Day after transmission.

(c) 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 email, that such email was sent to the specified email address of the addressee. 

The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

 

18. Other important terms

18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

18.3 You acknowledge and agree that the material and content within our site is made available to you for your own personal and non-commercial use and that you may only download such material and content for the purpose of using our site. You further acknowledge that any other use of the material and content of our site is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

18.4 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and content made available as part of your use of our site shall remain at all times vested in us.

18.5 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

18.6 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

18.7 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.  If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

18.8 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

18.9 If you are a business, a Contract and any dispute or claim arising out of or in connection with it 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.

18.10 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).


Terms of website use

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.hattonbydesign.com (“our site"), whether as a guest or a registered user.  Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site.  We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.  By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
  • Our Cookie Policy, which sets out information about the cookies on our site.

If you purchase goods from our site, our Terms and conditions of supply will apply to the sales.

Information about us

www.hattonbydesign.com is a site operated by Hatton By Design Limited ("We"). We are registered in England and Wales under company number 9112743 and have our registered office at Hatton By Design, 200-203 STRAND, LONDON WC2R 1DJ. Our main trading address is 32-34 Greville Street, Hatton Garden, London, EC1N 8TB. Our VAT number is 191 0723 22.

We are a limited company.

Changes to these terms

We may revise these terms of use at any time by amending this page.  

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to our site

We may update our site from time to time, and may change the content at any time.  However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site. 

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. 

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential.  You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at customerservices@hattonbydesign.com or call us on 0330 022 0441 between 8am and 11pm, Monday to Sunday.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. 

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The content on our site is provided for general information only.  It is not intended to amount to advice on which you should rely.  You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use.  You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site.  Such links should not be interpreted as endorsement by us of those linked websites.  We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and conditions of supply.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.  If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary.  You retain all of your ownership rights in your content, but you are required to grant us [and other users of the Site] a limited licence to use, store and copy that content and to distribute and make it available to third parties.  The rights you licence to us are described in the next paragraph (Rights you licence).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on our site do not represent our views or values.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on our site other than that set out above, please contact customerservices@hattonbydesign.com.

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. 

We have no control over the contents of those sites or resources.

Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law.  You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.  However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law.  We both agree to the exclusive jurisdiction of the courts of England and Wales.

Contact us

To contact us, please email customerservices@hattonbydesign.com.

Thank you for visiting our site.