Terms and Conditions

GENERAL TERMS AND CONDITIONS APPLICABLE TO THIS WEBSITE

The Hildon.com Site (“the website”)  is operated by Hildon Limited (“Hildon”, “we” or “us”). Access to and use of the website is subject to the following Terms and Conditions. By viewing and using the website you agree to its Terms. If you do not agree its Terms please leave the website and do not continue further.

These Terms and Conditions are subject to periodical review and we reserve the right to change them at any time. You should therefore revisit this page from time to time to see the current Terms. Your use of the website following changes to these Terms and Conditions will constitute your acceptance of those changes.

We grant you access to the website for private and non-exclusive use only. The website, all rights, title and interest in it are the sole property of Hildon. The content of the website is protected by copyright and other intellectual property rights. You may retrieve and display the content of the website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the website without the prior written permission of Hildon.

All trade marks, service marks and trade names placed by Hildon on the website are the property of Hildon or third parties that have granted Hildon the right and licence to use such marks.

Hildon may provide links to other third party websites. These links are agreed with the third party concerned. Hildon can not be held liable for the content of such third party website or the use made of such content by users.

We may collect and use information about you in accordance with our privacy policy. You can view a copy of this policy by clicking here: hildon.wpengine.com/legal/privacy .

You are responsible for all access to the website using your internet connection, even if the access is by another person.

We reserve the right to restrict your access to the website or part of it. Access to restricted areas of the website may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms).

Do not post or transmit any unlawful, threatening, libellous, defamatory, obscene, pornographic, indecent or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence or violate any law or regulation.

Hildon endeavours to ensure the information on the website is correct but we do not warrant to the accuracy or completeness of the material on the website.

Hildon shall not be liable for any direct, indirect, incidental or unforeseeable loss or damages arising out of any accessibility issues with the website,  or  the (in)ability to use the website or whether arising under these Terms. Hildon does not warrant that the website, or the server that makes it available, is free of viruses or other harmful components; it is your sole responsibility to service, repair or correct your own devices.

Not withstanding the foregoing, nothing in these Terms is intended to exclude or limit any liability that may not by Law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded, nor in any way to exclude or limit Hildon’s liability to you for death or personal injury resulting from our negligence, or that of our employees or agents.

Although we aim to offer you the best service possible, we make no promise that the services at the website will meet your requirements. We cannot guarantee that the service will be fault free. If a fault occurs you should report it via e-mail to hildon@hildon.com. We will attempt to correct the fault as soon as we reasonably can.

Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.

Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be made in writing and sent to us at Hildon Limited, Broughton, Hampshire SO20 8DQ or hildon@hildon.com and all notices from us to you will be displayed on our website from time to time.

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

The failure of Hildon to take any action in respect of a breach of these Terms and Conditions shall not constitute a waiver of their enforceability. Hildon reserves its rights in respect of these Terms and Conditions at all times.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

HOME DELIVERY TERMS AND CONDITIONS

The General Terms and Conditions above and the following all apply to the online purchase of our goods.

Hildon home delivery is currently limited to mainland England and Wales only. We do not deliver to Scotland, Northern Ireland, Isle of Scilly, Isle of Man, Isle of Wight, Channel Islands or beyond.  We will not accept orders from any person for delivery to other regions or countries.

REGISTRATION

In order to use the Hildon online order facility you must first register on the website hildon.wpengine.com/account/register. You must be over eighteen years of age to register. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us of any changes to the information that you provided when registering including your address for deliveries by updating your personal details.

Hildon may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions. The suspension or cancellation of your registration and your right to use the website shall not affect either party’s rights or liabilities.  All of our rights, interest and titles shall survive cancellation.

PASSWORD AND SECURITY

When you register to use the website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting our Home Delivery Customer Services (see below for contact details) immediately.

THE CONTRACT BETWEEN US

We must receive payment of the whole of the price for the goods that you order before your order can be processed. Once we have received payment we will advise you once your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between you and us.

The minimum order we will accept is for 3 cases of water. A case contains either 12 x 1000ml or 750ml bottles in glass or PET or 12 x 500ml bottles in glass or 24 x 500ml bottles in PET or 24 x 330ml bottles in glass or 30 x 330ml bottles in PET.

PRICE

The prices for the goods are set out on the website and can be viewed by clicking on this link: hildon.wpengine.com/buy/online. All prices shown are inclusive of VAT.

Delivery (which will be made by vehicles which are clearly identifiable as Hildon vehicles) is free of charge when you purchase not less than 5 cases otherwise you will be required to pay £4.95 per order at the time you pay for goods. You can pay using your Visa, MasterCard, Switch or Delta card. We do not charge a handling fee.

RIGHT FOR YOU TO CANCEL THE CONTRACT BETWEEN US

You may cancel your contract to purchase goods from us at any time up to the end of the 14th day from the date you receive the goods you ordered. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

To cancel your contract you must notify us in writing which you can address to us at Hildon Limited, Broughton, Hampshire SO20 8DQ or at homedelivery@hildon.com.

If you have received the goods before you cancel your contract in respect to them, then you must retain such goods in your possession and take reasonable care of them. If you cancel your contract before the goods are delivered you must not unpack the goods when they are received by you. In either case, you must either send the goods back to us at your own cost and risk or make such goods available for collection by us (at your cost) at the same premises to which they were delivered.

Once you have notified us that you are cancelling your contract, any sum debited to us from your credit / debit card will be re-credited to your account as soon as possible and in any event within 14 days of the day on which we receive the goods back PROVIDED THAT the goods in question are received by us in the condition that they were in when delivered to you. If you do not return the goods delivered to you, we shall be entitled to collect the goods from the premises to which they were delivered and deduct the direct costs of recovering the goods from the amount to be re-credited to you.

CANCELLATION BY US

We reserve the right to cancel the contract between us if we have insufficient stock to fill your order.

If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit / debit card as soon as possible but in any event within 21 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

DELIVERY OF GOODS TO YOU AND TIME OF OWNERSHIP

We will deliver the goods ordered by you to the address you have registered with us. Ownership in the goods passes to you at the time of delivery, provided that you have not already cancelled and do not cancel the contact between us. Once goods have been delivered to you they will be held at your own risk and we will not be liable for loss or destruction of such goods.

Delivery will be made as soon as possible after your order is accepted (usually within 10 working days of your order being accepted – this will be confirmed by telephone), and in any event within 30 days of the acceptance of your order.

All goods supplied by Hildon to satisfy an order made using the website are supplied to you for your own personal non commercial use. You agree that you will not sell the goods supplied by Hildon for profit or otherwise.

LIMITATIONS ON LIABILITY

We have a legal duty to provide goods in conformance with the contract between us. In the unlikely event that the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, please notify us in writing at Hildon Limited, Broughton, Hampshire SO20 8DQ or homedelivery@hildon.com of the problem as soon as possible, ideally within 24 hours of the delivery of the water in question.

If you notify a problem to us under this condition, we will, at your option:

• make good any shortage or non-delivery;

• replace any goods that are damaged or defective;

• refund to you the amount paid by you for the water in question.

Except in respect of death or personal injury caused by our negligence, we will not be liable to you for any indirect or unforeseeable loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition.

A person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

EVENTS BEYOND OUR CONTROL

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, supply shortages, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, act of God, tempest, flood, fire, explosion or accident, war or threat of war, sabotage, civil disturbance or requisition, pollution of water supply or acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority or regulator.

The Hildon.com Site is owned and operated by Hildon Limited, a company incorporated under the laws of England and Wales with registration number 01866557 and whose registered office is at Broughton, Hampshire SO20 8DQ.

© 2016 Hildon Limited  Version 6 19/02/2016

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