Terms & Conditions

1. Our Contract
These Legal Terms and Conditions govern the supply of goods sold by Elanders (Newcastle), (Registered No 3788582) trading as HindsonOnline.com, Merlin Way, New York Business Park, North Tyneside, Newcastle upon Tyne, NE27 0QG ("we", "us" and "our2) to the customer ("you") and these constitute the entire and only agreement between us in relation thereto. All orders placed are subject to acceptance by delivery of the goods to you at which point a legally binding contract is constituted between us on these Legal Terms and Conditions.

2. Price and Payment
2.1.
The price payable for the goods you order is as set out on our web site at the time you place your order, plus any charges for carriage and insurance as set out in the order form. All prices are shown in £s sterling and include VAT (where applicable) at the applicable current rates. We reserve the right to change the price of commodity goods due to market conditions but we will confirm the prevailing price with you before accepting your order. We are not obliged to accept your order for such goods and may decline it or limit the order quantity.

2.2.
Occasionally an error may occur with our web site and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price.

2.3.
We must receive payment for the whole of the price of the goods you order, and any applicable charges for carriage and insurance, before your order can be accepted unless we have agreed otherwise in advance in writing.

2.4.
Payment terms 30 days from receipt of order.

3. Delivery and Title

3.1.
We will deliver goods in accordance with your order. A valid signature will be required on collection or delivery. Upon delivery of the goods to you, the goods shall be at your risk. In spite of delivery having been made, title in the goods shall not pass to you until you have paid the price for the goods in full and no other sums whatsoever shall be due to us from you. Until title in the goods passes from us, you shall hold the goods on a fiduciary basis as bailee and shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.

4.Availability

4.1.
While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion supply or deliver a substituted product or refund you the price paid for such goods as soon as possible and in any case within 30 days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.

5. Cancellation and Returns

5.1.
You may cancel your order by giving us notice of cancellation within 30 days of the date of collection or delivery. Such notice may be given by mailing, faxing or emailing to the number or address set out on the order form. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.

5.2.
On cancellation for whatever reason, you must return the goods to us at your cost unless the goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by us in which case we will meet the cost of return but we ask that you allow us to nominate the carrier.

6.Liability

6.1.
If you have notified us of a problem with the goods within 30 days of delivery, we will (subject to clause 4) either make good any shortage or non-delivery, replace or repair any goods that are damaged or defective upon delivery, or refund to you the amount paid by you for the goods in question. We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions.

6.2.
Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

6.3.
Subject to Section 6.1 above we will use reasonable endeavours to verify the accuracy of any information on the site but make no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the web site. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the web site 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.

6.4.
Subject to Section 6.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out in Section 4 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law. Subject to Section 6.1 above we will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
loss of goodwill or reputation; or
special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

6.5.
Notwithstanding the above, subject to Section 6.1 our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.

6.6.
This clause 6 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights

6.7.
We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

7.Intellectual Property

7.1.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this web site shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

7.2.
You acknowledge and agree that the material and content contained within this web site is made available for your use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this web 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.

8.Limited Companies - Guarantee
Persons signing a Credit Account Application Form on behalf of limited companies do so as guarantor and irrevocably undertake to guarantee the payment of all monies owing to us by the relevant limited company if we believe that the limited company cannot meet its obligations. If the limited company goes into receivership, liquidation or administration the guarantor will pay to the receiver, liquidator or administrator, as the case may be, such sum as will enable him to pay all monies owed to us by the limited company.

9.Age Requirements for Specific Goods
Where the law requires a minimum age limit for the purchase of specific goods, you confirm that you are over the required age limit and that delivery will be accepted by a person over the required age limit. We reserve the right to cancel your order if we reasonably believe you are not legally entitled to order certain goods.

10.Termination
We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of any obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you.

11.Force Majeure
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstances beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).

12.General

12.1.
If any part of these Legal Terms and Conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English Law.

12.2.
To provide increased value to our customers, we may provide links to other web sites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked web site we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable directory or indirectly for (i) the privacy practices of such websites (ii) the content of such web sites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such web sites or resources or (iii) the use to which others make of these web sites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use or or reliance on any such advertising, content, products, goods or other materials or services available on such external web sites or resources.

12.3.
You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by us.

12.4.
We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of our rights or obligations under these terms and conditions or any related contract to any third party.

12.5.
These Legal Terms and Conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the UK Contracts (Rights of Third Parties) Act 1999) except
Elanders (Newcastle) shall have the right to enforce any rights or benefits under these terms and conditions
Elanders (Newcastle) shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions
A person who is a permitted successor or assignee of the rights or benefits of these terms and conditions may enforce such rights or benefits
No consent from the person referred to in this Clause is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).

12.6
No delay or failure by us to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Elanders (Newcastle).

12.7
These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and us relating to the use of this web site (including the order of products) and sets forth the entire agreement and understanding between you and us for your use of this website.

12.8
We reserve the right to change these Legal Terms and Conditions at any time. Any such changes will take effect when posted on the web site (see date at the top) and it is your responsibility to read the Legal Terms and Conditions on each occasion you use this web site and your continued use of the web site shall signify your acceptance to be bound by the latest terms and conditions.

12.9
If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this web site.

12.10
Certain web site services will require registration and subsequent access to those services will be subject to an approved login name and password (?Password Details?). Information that you provide on this website must be accurate and complete. All Passwords Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately (see Contact Us for more information and full contact details). The HindsonOnline.com web site is owned and operated by:

Elanders (Newcastle)
Merlin Way
New York Business Park
North Tyneside
Newcastle upon Tyne
NE25 0QG

Registered Company Number 3788582 (Incorporated in England)

VAT Number GB733 8693 02

We recommend that you print out a copy of these Legal Terms and Conditions for your future reference. If you have any questions regarding the HindsonOnline.com web site, please see the Contact Us section for more information and full contact details.