| This web site is owned and operated by Ernest H Hill Limited |
Ernest H Hill Limited
S20 3FS United Kingdom
Phone: +44 (0) 114 248 4882
Fax: +44 (0) 114 248 9142
Email: sales [at] hillpumps [dot] com
V.A.T. Registration Number GB172 447 068
Company Registration Number 91553
Company Registration Number: 91553
|Ernest H Hill Limited Disclaimer|
Ernest H Hill Limited has taken every precaution in compiling this Website. However neither it nor its directors, employees or other representatives will be liable for damages (direct or indirect) arising out of or in connection with the use of the Website, except where, as a result of the negligence of Ernest H Hill Limited its directors, employers or representatives, death or personal injury is caused, in which case Ernest H Hill Limited liability is not limited or excluded. The Website is provided on an "AS IS" basis and Ernest H Hill Limited excludes all warranties or representations of any kind with respect to this Website or its contents. In particular, Ernest H Hill Limited does not warrant or represent that the information contained on the Website is accurate or up to date. The contents of this Website are designed to comply with English law. You may be viewing the Website in a market in which we do not commonly sell our goods. Ernest H Hill Limited cannot be held responsible for non-compliance with any local advertising or other laws in relation to this Website or its contents. Hill Pumps and Nesthill® are trademarks of Ernest H Hill Ltd. For further information on the terms and conditions that apply in connection with your use of this Website, please refer to our Terms and Conditions below.
WEBSITE TERMS AND CONDITIONS OF SALE OF GOODS
Ernest H Hill Limited
In these conditions, unless the context requires otherwise:
"Buyer" means the company, firm, body or person purchasing the Goods.
"Goods" means the goods (including any instalment of the goods) which Ernest H Hill Limited will supply in accordance with these conditions.
"Ernest H Hill Limited" means Ernest H Hill Limited, a company registered in England number 91553, registered office for all communications being 10-12 Meadowbrook Park, Station Road, Halfway, Sheffield S20 3PJ, United Kingdom.
"Order" means a purchase order in respect of the Goods issued by the Buyer to Ernest H Hill Limited on the order form set out on the Web Site by e-mail.
"Website" means Ernest H Hill Limited's Web Site "www.airriflepump.com".
1.1 A contract ("Contract") will only come into being upon acceptance by Ernest H Hill Limited of the Order and the following conditions shall be deemed to be incorporated in the Contract. The Buyer accepts these terms and conditions by pressing the "I have read and accept the terms and conditions" button on the Website Order Form. By completing the Order Form, the Buyer grants to Ernest H Hill Limited the authority to conduct any credit search which it deems necessary in order to allow for the acceptance and fulfilment of all orders received by Ernest H Hill Limited.
1.2 The Contract will be subject to these conditions. All terms and conditions appearing or referred to in the Order or otherwise stipulated by the Buyer shall have no effect. Any variation of the Contract must be confirmed in writing by Ernest H Hill Limited. Ernest H Hill Limited may revise these terms at any time and without notice at its sole discretion. Any change will take effect immediately after posting on the Website and will be deemed to be accepted by Buyers who continue to access the Website. For the avoidance of doubt, any Contract will remain subject to the version of the terms on the Website at the time the Order is placed and shall not be affected by any subsequent alterations. Any person ordering from the Website may print and keep a copy of these terms and conditions.
1.3 Ernest H Hill Limited's acceptance of the Order shall be by email confirming the Goods ordered, the price of the Goods, the arrangements for payment, the arrangements for delivery and the packaging and postage charge. The acceptance will be deemed complete and will be deemed for all purposes to have been sent to the Buyer at the time Ernest H Hill Limited send the email to the Buyer (whether or not the Buyer receives that email).
2.1 The price for the Goods shall be those prices published on the Website when the Order is made and is accepted by Ernest H Hill Limited as confirmed when Ernest H Hill Limited accepts the Order in accordance with clause 1.3 above. These prices are inclusive of VAT, where applicable.
2.2 Ernest H Hill Limited's current delivery charges and anticipated delivery times are as published on the Website and for the purposes of the Contract shall be that information on the Website at the time when the Order is made and accepted by Ernest H Hill Limited.
3. TERMS OF PAYMENT
3.1 Payment of the whole of the price of the Goods must be received by Ernest H Hill Limited before the Goods are despatched to the Buyer. Ernest H Hill Limited accepts payment from all major credit and debit cards, including Visa, Mastercard, Switch, Delta and American Express.
3.2 If Ernest H Hill Limited does not have sufficient stock of all or some of the Goods in the Order, Ernest H Hill Limited shall notify the Buyer by e-mail informing the Buyer and if payment has been taken, Ernest H Hill Limited shall credit the Buyer's credit card or debit card account with the price of the Goods which were unavailable. Ernest H Hill Limited shall use its reasonable endeavours to credit the Buyer's account as soon as is reasonably practicable but in any event no later than 30 days from the date of the transaction. Ernest H Hill Limited will not be obliged to offer any additional compensation for disappointment suffered.
4.1 The Buyer may cancel the Contract for any reason in the period of seven (7) working days after the day of delivery of the Goods to the Buyer. To cancel the Contract, the Buyer shall notify Ernest H Hill Limited in writing of the cancellation and repackage the relevant Goods securely and send them within seven working days after the date of delivery to Ernest H Hill Limited at 10/12 Meadowbrook Park, Station Road, Halfway, Sheffield S20 3PJ, United Kingdom. Ernest H Hill Limited recommends that the Buyer uses a recorded delivery service. The Goods are returned under this clause at the Buyer's cost and risk.
4.2 Ernest H Hill Limited shall credit the Buyer's credit card or debit card account with the price of the Goods under a contract cancelled under clause 4.1 and shall refund the Buyer's account as soon as is reasonably practicable but in any event in no later than 30 days from the date of receipt of notification of the cancellation. If any Goods are not returned under clause 4.1, Ernest H Hill Limited may arrange for them to be collected from the Buyer at their residence and recover from the Buyer the direct costs of doing so.
5. NO QUIBBLE REFUND; WARRANTY; LIMIT OF RESPONSIBILITY
5.1 If the Buyer is not satisfied with any Goods, they may within 14 days of delivery, return the Goods to Ernest H Hill Limited to the address set out in clause 4.1 provided that the Buyer can produce the dispatch or delivery note issued to them on delivery as proof of purchase.
5.2. The cost of returning the Goods shall be borne by the Buyer and the Goods are returned at the Buyer's risk
5.3 Upon safe receipt of such Goods in their original condition, Ernest H Hill Limited shall give the Buyer a full refund of any monies paid by the Buyer
5.4 Ernest H Hill Limited warrants that it will either replace the Goods or refund the full purchase price of any Goods which are accepted by Ernest H Hill Limited as being defective or faulty or not in accordance with the Contract within a period of one year from despatch of such Goods from Ernest H Hill Limited's works to the Buyer's delivery address ("Warranty Period"), provided that the defect or fault does not arise from fair wear and tear, wilful damage, negligence, failure to follow Ernest H Hill Limited's or other manufacturers's instructions or through the misuse, alteration or repair of the Goods without Ernest H Hill Limited's approval. After the Warranty Period, refunds/exchanges shall be at the discretion of Ernest H Hill Limited.
5.5 The Buyer's remedies in respect of any claim under the foregoing express warranty or any condition or warranty implied by law or any other claim in respect of the Goods or any workmanship in relation to them (whether or not involving negligence on the part of Ernest H Hill Limited) shall, in all cases, be limited to replacement or refund of the purchase price as aforesaid and any other condition or warranty implied by law shall cease to apply after the expiry of the Warranty Period.
5.6 Except in respect of death and personal injury, Ernest H Hill Limited's aggregate liability to the Buyer in respect of breach of contract, misrepresentation (but not fraudulent misrepresentation), tort, negligence, or any other legal liability in relation to the sale of the Goods shall be limited to the price of the Goods paid by the Buyer.
5.7 Subject to clause 5.6, Ernest H Hill Limited shall not be liable to the Buyer for any indirect, consequential or special loss or loss of profits which arises out of or in connection with the supply of Goods except as expressly provided in these conditions.
5.8 Ernest H Hill Limited shall not refund the cost of the return charges to the Buyer unless the returned Goods are deemed faulty by Ernest H Hill Limited or were originally sent to the Buyer in error.
6. DELIVERY AND COMPLETION DATES
6.1 The delivery times of the Goods shall be those confirmed by Ernest H Hill Limited on acceptance of the Order but are intended to be approximate only. Time is not of the essence for delivery or performance. If Ernest H Hill Limited is unable to meet the stated expected delivery date, it shall use reasonable endeavours to inform the Buyer of this by e-mail and give an amended delivery time.
6.2 Ernest H Hill Limited shall aim to meet the delivery times specified in the Order (or any delivery time amended in accordance with clause 6.1) but shall not be liable in any circumstances for the consequences of any delay in delivery or failure to deliver or perform if the duration of the delay is not substantial or if the delay or failure is due to causes beyond Ernest H Hill Limited's reasonable control as set out in clause 8.
7. DAMAGE, SHORTAGE OR LOSS IN TRANSIT
Unless the Contract otherwise stipulates, the risk in the Goods passes to the Buyer when proof of delivery can be provided by Ernest H Hill Limited's nominated carrier.
8. FORCE MAJEURE
In accordance with clause 6.2, Ernest H Hill Limited shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of, of any failure to perform or any delays in performance of, any of Ernest H Hill Limited's obligations in relation to the Goods, if the delay or failure was due to any cause beyond Ernest H Hill Limited's reasonable control.
9. INTELLECTUAL PROPERTY
9.1 All the intellectual property rights in the Goods are and shall remain the property of Ernest H Hill Limited and its licensors. For the avoidance of doubt, at no time shall any rights, title or interest in these intellectual property rights pass to the Buyer.
9.2 Ernest H Hill Limited permits the Buyer to electronically copy and print in hard copy specific portions of the Website for the sole purposes of; placing an order with Ernest H Hill Limited; using the Website as a shopping resource; and downloading the support documentation. Any other use of the contents of the Website by the Buyer is strictly prohibited by Ernest H Hill Limited.
10.1 Ernest H Hill Limited shall be entitled to assign its rights or obligations under the Contract and subcontract any work relating to the Contract without obtaining the consent of, or giving notice to, the Buyer.
10.2 Any notice or other communication to be given under these conditions must be in writing and may be delivered or sent by prepaid first class letter post or facsimile transmission or email to the registered office shown in clause 4.1. Any notice or document shall be deemed served: if delivered, at the time of delivery; if posted, 48 hours after posting; and if sent by facsimile transmission or email, at the time of receipt of confirmation of correct transmission.
10.3 The invalidity, illegality or unenforceability of any provision of these conditions in any jurisdiction shall not affect the enforceability of the remainder of the other conditions nor shall it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
10.4 No variation of these conditions shall be binding unless agreed between the authorised representatives of Ernest H Hill Limited and the Buyer and has been confirmed in writing by these individuals.
10.5 A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person that exists or is available otherwise than pursuant to that Act.
10.6 The Contract shall be governed by and construed in all respects in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts. The Website is designed to comply with English law.
10.7 The Contract and these conditions constitute the entire agreement and understanding between the parties in respect of the subject matter of these conditions and the Buyer acknowledges that it has entered into the Contract in reliance only upon the representations, warranties and premises specifically incorporated in the Contract and the conditions.
For orders made from the UK or the European Union, 20% VAT is added.
Your rights to return goods are protected under the EU Distance Selling Directive.
When the order is placed at our website, credit card numbers are encrypted using 128 bit encryption. They are only decrypted after they reach our computer. They are not held in clear text on any web site.
Ernest H Hill Limited Copyright notice
The copyright and other intellectual property rights in this Website and its contents (including design, text, graphics, software, trademarks and any other material) are owned by Ernest H Hill Limited.
© Ernest H Hill Limited. All Rights Reserved.
Anyone is entitled to view this site and to print pages of this Website for the sole purposes of placing an order with Ernest H Hill Limited and downloading support documentation provided on the site. Any other use is strictly prohibited without prior written consent from Ernest H Hill Limited.
"You" and "your" relates to the natural person reading this document that is: considering purchasing, has purchased from Ernest H Hill Ltd or is making an enquiry.
HOW WE USE YOUR PERSONAL DATA
We will use the personal information you supply to us in the course of submitting an order for the purpose of fulfilling that order.
Along with, or instead of, placing an order you may have sent an enquiry to us, in which we will use the information you've provided to respond to and answer the enquiry.
We may contact you by telephone, email or other means in relation to your order, for example: notifying you of delivery status, updating you on stock availability or informing you of changes with the order. You cannot opt out of these communications. We will never combine these communications with marketing promotions that you have a legal right to opt out of.
We may use your data for marketing purposes but will always provide a means for you to opt out. We may occasionally use the data you supplied, in our own Legitimate Interest, to send details of products and services that we believe may be of interest to you. We will never use your data in a way that conflicts with your own legal rights and interests.
If we share information with a third party, such as a payment gateway or delivery company, their use of your data will be limited to the purpose of fulfilling your order.
We will make our reasonable endeavours to ensure that all third parties treat your personal data in a legal and appropriate way.
We endeavour not to transfer the data of EU citizens outside the EU but where we cannot avoid it we will only do so via a third party that have conformed to all of the appropriate EU legislation providing equivalent protection to that if the data was retained within the EU.
WHAT DATA DO WE HOLD?
We hold the personal data that you supplied in the course of placing your order or enquiry.
The data normally consists of: product information, transactional information, fraud checking information, name, address, phone number, email, special delivery instructions and potentially other information to ensure the successful completion of your order.
We may hold notes of our communication with you through different channels including, but not limited to: email, or telephone notes.
We will not seek personal information from you relating to race, religion, political affiliation, trade union membership, sexual orientation, medical or genetic history and we ask you not to provide such information to us under any circumstances.
HOW WE HOLD YOUR PERSONAL DATA
We will retain the personal information you supply to us in the course of submitting an order or an enquiry, for the purpose of fulfilling that order, responding to or processing that enquiry.
If you place an order, we will retain an electronic copy of your invoice data for the period required by HMRC, after which we will delete it.
Your information will be: securely stored on hardware that has limited access to only relevant persons; and on a server maintained by a third party such as a web host. Whether held by us on our hardware, or on our behalf by a third party, it will be kept secure and protected from unauthorised access using all reasonable means.
CO-OPERATING WITH LEGAL AUTHORITIES
If requested, we will pass information about you (and if relevant, your business) to legal authorities who have the legal right to demand such data.
Some advertisers, particularly Facebook and Google (but there are others), decide what advertisements to show to people based on automated processing of personal information, in order to make those advertisements as relevant as possible to the people who see them. These advertisers should provide the means for you to opt out of such personalisation. We do not use Automated Processing.
If you have engaged with us, but never placed an order, you may request the complete deletion of your details from our systems. Whether or not you have placed an order, you may request us never to contact you again, and we will comply with your request unless you make a further enquiry with us.
You have a number of rights in addition to those mentioned above, including access to the information ("the right to be informed"). If we process your data for marketing purposes on the basis of your Legitimate Interest, you have the right to object. You also have the right to withdraw your Consent to being marketed to, if you previously gave your Consent.
You have the right to see the data held about you and to receive a copy. You have the right to have any errors corrected. You have the right to ask and be told where your data came from.
You can exercise any of these rights by contacting us using the details below.
You have the right to lodge a complaint with the Information Commissioner's Office (ico.org.uk) if you believe any of your rights are being infringed.
HOW TO CONTACT US
If you have any questions or concerns, please do not hesitate to contact us through our contact us form, or by phone on +44 1142484882 Sales Extension.