Terms Of ServiceThis is the terms of service notice of Horror Stock. In this document, "we", "our", or "us" refer to Horror Stock. We are committed to protecting and respecting your privacy.
1. INFORMATION ABOUT US
1.1 The definitions and rules of interpretation in this document apply as follows.
The Buyer is the person, firm or supplier who purchases the Goods from Us.
The Contract is any contract between Horror Stock and the Buyer for the sale and purchase of the Goods, incorporating these conditions.
The Delivery Point is the place where delivery of the Goods is to take place.
Goods: any goods agreed in the Contract to be supplied to the Buyer by Horror Stock (including any part or parts of them).
The Site refers to our website defined as either Horror Stock or www.horrorstock.com
1.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.3 Words in the singular include the plural and in the plural include the singular.
1.4 A reference to one gender includes a reference to the other gender.
1.5 Condition headings do not affect the interpretation of these conditions.
1.6 No representative or agent of ours has authority to agree any terms or make any representations inconsistent with these terms or to enter into any contract except on the basis of these terms, unless such contract or alteration has been agreed in writing and signed by a Director of ours.
2. APPLICATION OF TERMS
2.1 Subject to any variation under condition 2.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
2.2 No terms or conditions endorsed on, delivered with or contained in the Buyer's purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
2.3 These conditions apply to all our sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by our director. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in the Contract. Nothing in this condition shall exclude or limit our liability for fraudulent misrepresentation.
2.4 Each order or acceptance of a quotation for Goods by the Buyer from us shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions.
2.5 No order placed by the Buyer shall be deemed to be accepted by us until a written acknowledgement of order is issued by us and confirmed to the Buyer.
2.6 The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.
2.7 Any quotation is given on the basis that no Contract shall come into existence until we issue an acknowledgement of order to the Buyer or despatch the Goods to the Buyer.
2.8 Any quotation is valid for a period of 30 days only from its date, provided that we have not previously withdrawn it (unless otherwise agreed in writing).
2.9 For the avoidance of doubt, the Contract shall come into existence when we issue an acknowledgement of order to the Buyer (or despatches the Goods, if earlier). Thereafter no alteration or cancellation shall be made to the order by the Buyer, whether the Goods are bespoke or otherwise, without the agreement made in writing by us.
3.1 The quantity and description of the Goods shall be as set out in our quotation, and confirmed in the acknowledgement of order, and it is the responsibility of the Buyer to ensure the suitability and accuracy of their order requirements.
3.2 All samples, drawings, sketches, descriptive matter, specifications and advertising issued by us and any descriptions or illustrations contained in our marketing materials are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample.
4.1 The Goods are at the risk of the Buyer from the time of delivery.
4.2 Ownership of the Goods shall not pass to the Buyer until we have received in full (in cleared funds) all sums due to it in respect of: (a) the Goods; and (b) all other sums which are or which become due to us from the Buyer on any account.
4.3 Until ownership of the Goods has passed to the Buyer, the Buyer shall: (a) hold the Goods on a fiduciary basis as our bailee; (b) store the Goods (at no cost to us) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as our property; (c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and (d) maintain the Goods in satisfactory condition and keep them insured on our behalf for their full price against all risks to the reasonable satisfaction of us. On request the Buyer shall produce the policy of insurance to us.
4.4 The Buyer may resell the Goods before ownership has passed to it solely on the following conditions: (a) any sale shall be effected in the ordinary course of the Buyer's business at full market value; and (b) any such sale shall be a sale of our property on the Buyer's own behalf and the Buyer shall deal as principal when making such a sale.
4.5 The Buyer's right to possession of the Goods shall terminate immediately if: (a) the Buyer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Buyer or notice of intention to appoint an administrator is given by the Buyer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer; or (b) the Buyer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the Contract or any other contract between us and the Buyer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Buyer ceases to trade; or (c) the Buyer encumbers or in any way charges any of the Goods.
4.6 We shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from us.
4.7 The Buyer grants us, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer's right to possession has terminated, to recover them.
4.8 Where we are unable to determine whether any Goods are the goods in respect of which the Buyer's right to possession has terminated, the Buyer shall be deemed to have sold all goods of the kind sold by us to the Buyer in the order in which they were invoiced to the Buyer.
4.9 On termination of the Contract, howsoever caused, our (but not the Buyer's) rights contained in this condition 6 shall remain in effect.
5.1 Unless otherwise agreed by us in writing, the price for the Goods shall be the price set out in our price list or online pricing published on the date of delivery or deemed delivery.
5.2 The price for the Goods shall be inclusive of any costs or charges in relation to packaging, carriage and insurance, all of which amounts the Buyer shall pay when it is due to pay for the Goods.
5.3 Online Product prices, shown on our website, do not include VAT (unless where specified).
5.4 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
5.5 Our site contains a number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced due to raw material fluctuations. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it and the reasons for the rejection.
5.6 If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
5.7 Online payments for all Products must be made by credit card, debit card, or by one of the alternative payment merchants or services (such as Paypal or Apple Pay) using the selected online payment merchant at the checkout stage.
6.1 Subject to condition 6.4, payment of the price for the Goods is due immediately during the checkout process in pounds sterling. Payments for alternative quotations made outside of the website will be due within 30 days of the invoice date unless otherwise agreed.
6.2 Time for payment shall be of the essence.
6.3 No payment shall be deemed to have been received until we have received cleared funds.
6.4 All payments payable to us under the Contract shall become due immediately on its termination despite any other provision.
6.5 The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by us to the Buyer.
6.6 If the Buyer fails to pay us any sum due pursuant to the Contract, the Buyer shall be liable to pay interest to us on such sum from the due date for payment at the annual rate of 5% above the base lending rate from time to time, accruing on a daily basis until payment is made, whether before or after any judgment. We reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
7.1 Where we are not the manufacturer of the Goods, we shall endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to us.
7.2 We warrant that (subject to the other provisions of these conditions) on delivery, the Goods shall: (a) be of satisfactory quality within the meaning of the Sale of Goods Act 1979; (b) be reasonably fit for purpose; and (c) be reasonably fit for any particular purpose for which the Goods are being bought if the Buyer had made known that purpose to us in writing and we have confirmed in writing that it is reasonable for the Buyer to rely on our skill and judgement.
7.3 We shall not be liable for a breach of the warranty in condition 7.2 unless: (a) the Buyer gives notice by telephone or email within 48 hours and confirms by written notice of the defect to us, and, if the defect is as a result of damage in transit to the carrier, within 7 days of the time when the Buyer discovers or ought to have discovered the defect; and (b) we are given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by us) returns such Goods to our place of business at the Buyer’s expense for the examination to take place there.
7.4 We shall not be liable for a breach of the warranty in condition 7.2 if: (a) the Buyer makes any further use of such Goods after giving such notice; or (b) the defect arises because the Buyer failed to follow our oral or written instructions as to the storage or installation of the Goods or (if there are none) good trade practice; or (c) the Buyer alters, uninstalls, mishandles, cleans or repairs such Goods without our written consent.
7.5 Subject to condition 7.3 and condition 7.4, if any of the Goods do not conform with the warranty in condition 7.2 we shall consider the repair or replacement of such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if we so request, the Buyer shall, at the Buyer’s expense, return the Goods or the part of such Goods, which is defective, to our place of business.
7.6 If we comply with condition 7.5 we shall have no further liability for a breach of the warranty in condition 7.2 in respect of such Goods.
8. CONSUMER RIGHTS
8.1 If you are a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Dispatch Confirmation. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9. below).
8.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as reasonably practical, and at your own cost through a mainstream and reputable courier service. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
8.3 You will not have any right to cancel a Contract for the supply of any special orders, bespoke Products or commission work ordered.
8.4 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in these terms and conditions. This provision does not affect your other statutory rights as a consumer.
9.1 If you return a Product to us: (a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 8.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us in the agreed manner as noted above.
(b) for any other reason (for instance, because you have notified us in accordance with clause 17 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10. LIMITATION OF LIABILITY
10.1 Subject to condition 4, condition 5 and condition 9, the following provisions set out our entire financial liability (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of: (a) any breach of these conditions, including any deliberate personal repudiatory breach; (b) any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and (c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
10.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
10.3 Nothing in these conditions excludes or limits our liability: (a) for death or personal injury caused by our negligence; or (b) under section 2(3), Consumer Protection Act 1987; or (c) for any matter which it would be illegal for us to exclude or attempt to exclude its liability; or (d) for fraud or fraudulent misrepresentation.
10.4 Subject to condition 10.2 and condition 10.3: (a) our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and (b) we shall not be liable to the Buyer for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
11.1 We may assign the Contract or any part of it to any person or firm.
11.2 The Buyer shall not be entitled to assign the Contract or any part of it without our prior written consent.
12. FORCE MAJEURE
We reserve the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
13.1 Each right or remedy of us under the Contract is without prejudice to any other right or remedy of us whether under the Contract or not.
13.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
13.3 Failure or delay by us in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
13.4 Any waiver by us of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
13.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
13.6 This 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 English law, and the parties submit to the exclusive jurisdiction of the English courts.
14.1 Communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by email: (a) (in case of communications to us) to its registered office or such changed address as shall be notified to the Buyer by us; or (b) (in the case of the communications to the Buyer) to the registered office of the addressee (if it is us) or (in any other case) to any address of the Buyer set out in any document which forms part of the Contract or such other address as shall be notified to us by the Buyer.
14.2 Communications shall be deemed to have been received: (a) if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or (b) if delivered by hand, on the day of delivery; or (c) if sent by email on a working day prior to 5.00 pm, at the time of transmission and otherwise on the next working day.
14.3 Communications addressed to us shall be marked for the attention of the Director.
15. ONLINE ORDERING
15.1 By placing an order through our website, you warrant that: (a) you are legally capable of entering into binding contracts; and (b) you are duly authorised to enter into a binding contract; and (c) you are at least 18 years old; (d) you are resident in one of the Serviced Countries; and (e) you are accessing our site from that country.
15.2 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product.
15.3 All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that order has been accepted and that the Product you have ordered will be dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation, and full payment for the goods has been received.
15.4 The Contract will relate only to the Products when dispatch has been confirmed by us. (Dispatch Confirmation). We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
16. OUR WEBSITE STATUS
16.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of themselves. You should carefully review their terms and conditions applying to the transaction.
16.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureau. We will notify you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third party seller.
17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
17.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
17.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you an Order or Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
If you have any questions regarding our terms and conditions, please contact us.