Delivery & Terms of Sale – the boring bit…
For use of this website and by accessing this website and/or placing an order you agree to be bound by the terms and conditions set out below.
We reserve the right to modify or withdraw either temporarily or permanently, this website or any part of it, with or without notice to you and confirm that we shall not be liable to you or any third party for any modification or withdrawal of the website.
These terms may be revised at any time and we reserve the right to do so. You are therefore advised to keep up to date with the contents of these terms. Nothing in these terms and conditions will affect your statutory rights.
Credit Card Security
To ensure your credit card security and to keep your personal information safe we use Secure Sockets Layer (SSL) technology. All of your data is encrypted prior to being sent over the Internet to our system. We use secure firewalls which are systems designed to keep information inaccessible and safe from other Internet users.
Delivery Costs & Times
For parcels sent to addresses outside of the United Kingdom, please speak to us about carriage charges.
We try our hardest to get your order to you as soon as possible but please please allow 5 working days. If you require it sooner, please do contact us and we will try our hardest to help.
Cancellation Procedure
We hope you are pleased with your Hullabaloos Lemonade products. If you are not satisfied with the goods supplied and wish to return any items bought from us then we will be happy to make a refund. Please let us know, in writing, the reason for the return. Any returns should be made within 14 days.
If you wish to change or cancel your order then you should notify us by email at hullabaloos.rocks@gmail.com.
We always try to process all orders on receipt, however circumstances beyond our control may occur. If we are unable to fulfil your order upon receipt we will notify you of this and let you know when the order is due to be processed.
Where goods have already been delivered and you wish to cancel your order then any goods supplied should be returned to our sales department, at your own expense, in original condition, within 7 days of your notice to cancel. Following receipt of the goods by us we will be happy to give you a full refund, less any return delivery and/or collection charges, within 30 days of giving us your notice to change or cancel.
Description of Products
Each product purchased is sold subject to its product description and we take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time of writing. Although we aim to keep the website as up to date and accurate as possible, we may not always get it right.
Intellectual Property and Right to Use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website 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.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Limitation of Liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy.
We make no warranty that the Website will meet your requirements or will be uninterrupted, 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 or reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the contents of this site and we accept no liability for damages arising out of or in connection with the use of this site.
Waiver
A waiver of a breach of any of the terms of this agreement does not constitute a waiver of any other breach or default and shall not affect the other terms of this agreement. A waiver of any of the terms of this agreement will not prevent a party form subsequently requiring compliance with the obligation in respect of which the waiver was given.
Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Entire Agreement
These conditions govern our relationship with you. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
Terms & Conditions for Commercial Sales
HULLABALOOS GENERAL TERMS &
CONDITIONS
(a) In these conditions ‘Hullabaloos’ means Hullabaloos Lemonade Ltd Limited.
(b) No contract is made until and unless Hullabaloos have accepted the order. All
orders are accepted and goods supplied subject to these conditions. No
additions or variations shall be binding on Hullabaloos unless writing and
signed by a director of Hullabaloos.
(c) These conditions shall apply to all contracts between Hullabaloos and the
customer for the supply of all goods and services. No conditions stipulated in
any other document or communication should vary or annul these conditions
unless confirmed in writing by a director of Hullabaloos.
(d) The rights and remedies of Hullabaloos shall not be diminished, waived or
extinguished by the granting of any indulgence, forbearance or extension of
time, nor by any delay by Hullabaloos in asserting or exercising any of its
rights and remedies.
(e) After acceptance of the Customer’s order, cancellations of the contract will not
be allowed without written consent of a partner of Hullabaloos and then only
upon such terms as Hullabaloos shall in its sole discretion specify.
- PRICE VARIATION – Hullabaloos reserves the right to change the pricing of
their products giving a minimum of 4 weeks’ notice to Customers. - TAX – Hullabaloos are VAT registered and are required to charge the current
amount of value added tax in countries where VAT is a consideration. - DELIVERY & PAYMENT
(a) Non-Account Holders: Payment is due on or before delivery of goods. If
delivery is required, a request for payment on a proforma invoice will be made.
Applications for a Credit Account are available on request, but shall only be
granted after satisfactory references have been taken up.
(b) Account Holders: Payment is required as agreed on the invoice. Hullabaloos
shall be entitled to charge interest at the rate of 4% per month, or part thereof, on
all unpaid amounts due, whether before or after judgement, until fully paid.
Hullabaloos, at their discretion, shall at any time, reserve the right to withdraw
credit for whatever reason. - DELIVERY DATES – Hullabaloos will endeavour to secure delivery of the
goods on the estimated delivery date, but shall not guarantee the date and
time of delivery, nor shall Hullabaloos be liable for any damage or claims of
any kind in respect of delay in delivery.
- SALE OF GOODS
(a) Ownership of the goods, which are subject to this contract, shall not pass to
the buyer until the goods are fully paid for. But the risk in the goods shall be
borne by the buyer, from the date of delivery by Hullabaloos, or their carriers to
the buyer.
(b) In the event that the buyer does not make payment for goods on the due date,
Hullabaloos shall, at their discretion, be at liberty to recover the goods or maintain
an action for the price of the goods.
(c) For all purposes the buyer hereby grants to Hullabaloos an irrevocable lien on
the goods until the price is paid and permits Hullabaloos access to recover the
goods, where ever they are situated.
(d) Without prejudice to the foregoing, Hullabaloos may maintain an action
against the buyer for any loss or damage suffered in consequence for the buyer’s
failure to complete the contract or pay the price for the goods. - CLAIMS – Advice of damage, delay or partial loss of goods in transit or of non-
delivery must be given in writing to Hullabaloos and the carrier within 1 day of
delivery (or in the case of non-delivery, within 7 days of despatch of goods) and
any claim in respect thereof must be made in writing to Hullabaloos and the
carrier within 4 clear days of delivery (or in the case of non-delivery, within 10
days of despatch or in the case of goods shipped overseas, 45 days. All other
claims must be made in writing to Hullabaloos within 1 day of delivery.
Hullabaloos shall not be liable in respect of any claim unless the aforementioned
requirements have been compiled with except in any particular case where the
customer proves the (i) it was not possible to comply with the requirements and
(ii) advice (where required) was given and the claim made as soon as reasonably
possible. - INSOLVENCY – If the customer ceases to pay his debts in the ordinary course
of business, or cannot pay his debts as they become due, or being a company is
deemed to be unable to pay its debts, or has a winding up petition issued against
him, Hullabaloos without prejudice to other remedies shall:
(i) Have the right not to proceed further with the contract or any other work for the
customer, and be entitled to charge for work already carried out (whether
completed or not) and materials purchased for the customer. Such a charge is to
be an immediate debt to Hullabaloos. - CONTINGENCIES – Hullabaloos shall not be responsible for non performance
in whole or part of its obligations, nor under any liability to the customer in respect
thereof if such non-performance is due to acts of Gods, War, insurrection, riot,
government regulations, embargoes, strikes, labour disputes, illness, flood, fire,
tempest, force maejeure, or any other cause beyond the control of Hullabaloos. - LEGAL JURISDICTION – These terms and conditions and the contract to
which they relate shall be constructed and have effect according to English Law
and Hullabaloos and the customer agree to submit to the jurisdiction of English
courts.
Law
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the English courts.
Hullabaloos Lemonade, Loxton Pool Barns, BS26 2XE