Terms & Conditions of Sale

Before placing an order please read the terms & conditions set out below. By placing an order on this website, you are confirming that you have read and agree to the terms outlined.

General

The Handy website accessible at www.thehandy.co.uk (the “Website”) is operated by G J Handy & Co Ltd (“We”, “us” or “our”) the distributor of The Handy products in the UK.

G J Handy & Co Ltd are registered in England under company number 00551762. Our registered office address is Murdock Road, Dorcan, Swindon, SN3 5HY.

Our VAT number is GB 227 2491 12.

The Website is for use solely by users who access it from the UK mainland.

You must be aged 18 and over to order a product from this Website and by ordering a product from us you confirm that you are over 18 years of age.

You acknowledge that the purchase of any product(s) through the Website will be subject to these terms and conditions. Please read these terms and conditions carefully before ordering any products from the Website.

You should understand that by ordering any of our products, you agree to be bound by these terms and conditions. We recommend that you print a copy of these terms and conditions for future reference.

We reserve the right to change these terms and conditions, when you order a product from the Website, the terms and conditions in force at the time of your order will apply to the contract between you and us.

The Contract between us

After placing an order on our Website, you will receive an automated e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.

Once your order has been accepted, we will then send you an email confirming the despatch method & place of delivery.

The contract between us (the “Contract”) will only be formed once we send you the confirmation of despatch email.

The Contract relates only to products whose dispatch we have confirmed in the confirmation of despatch email.

We reserve the right, at our sole discretion, to reject any orders received by notifying you in writing without incurring any further liability.

Purchase of Products

Orders will only be accepted for delivery to UK mainland addresses only. We are unable to deliver to addresses that are outside of England, Scotland and Wales.

Payment

The price you will pay is the price displayed on the Website at the time that we receive your order. However, if there is a pricing error, which was obvious and could have reasonably been recognised as a mispricing, we do not have to provide the products to you at the incorrect price. All prices shown are inclusive of VAT (at the applicable current rate chargeable in the UK).

Payment for all products shall be by credit or debit card via PayPal. Payment for all products and applicable delivery charges is taken when the order is placed. We reserve the right, at our sole discretion, to make external checks including via third parties, in order to verify your age and identity.

Delivery

All orders over £50 (inc VAT), are granted free delivery at the checkout. Any orders placed below £50 (inc VAT), will incur a delivery fee of £5.50 for spare parts or £8.95 for machines. The delivery charge is inclusive of VAT. In the event of an order that contains both spare parts and machines, the £8.95 charge will be applicable.

All deliveries will be made Monday – Friday between 8.30am & 5.30pm

Delivery of an order will be completed when we (or our third party sub-contractors or distributors) deliver the product to the address you gave us and the product will be your responsibility from that time.

Title of the goods purchased will pass to you on delivery, provided that we have received payment in full.

In most cases all delivery to home orders will be made within 2 working days of the date we send you the confirmation of despatch email.

In most cases all delivery to store orders will be made within 7 working days of the date we send you the confirmation of despatch email.

Working days will be any day other than a Saturday, Sunday or UK bank holiday.

We will always endeavour to ensure that orders received by 3.00pm on the day of purchase (excluding weekends and bank holidays) will be dispatched for delivery the next working day between 8.30am-5.30pm, no time specifications can be provided.

Some home assembly will be required all orders placed with delivery to home

Cancellations and Returns

Before Delivery – You can cancel your order at any time before delivery. If you wish to do so, please contact us by telephone on 01793-333220 or by using the Contact Us form

14 Days Cooling Off Period – You have a legal right to cancel your order (being a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) within 14 days of delivery of the product to you.

To cancel a Contract, you need to let us know that you have decided to cancel. You can us the Contact Us form or contact our Sales team by telephone on 01793-333220, If you are emailing us please include details of your order to help us identify it. If you notify us of your decision to cancel your order by email, your cancellation will be effective from the date you send the email.

We will refund any products returned in their original condition and original packaging together with proof of purchase when the product is either returned to us or to your “The Handy” authorised dealer within 14 days of delivery to you.

Faulty or Defective Products

If the product received is defective in that it…

• Does not conform materially to the specification as set out on the Website or in the relevant user manual.
• Is not of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended)
• It is not fit for the purpose described by us on the Website or as set out in any relevant user manual.
You may return it either to us or to your “The Handy” authorised dealer, providing it is boxed in its original packaging.

Returned Products

The course of action following the return of a defective product to us, shall be its repair or a refund, this will be decided at our sole discretion.

We will inspect all returned products before any refund is issued.

We reserve the right to refuse a refund and to recover our costs in the event that:

•You have made further use of the product after giving notice that you intend to cancel the order and return the product to us.

•The defect in the product has arisen because you have failed to follow any instructions set out in any relevant user manual as to use, maintenance or storage of the product.

•The product has been altered or repaired other than by a “The Handy” authorised dealer.

•The defect has arisen as a result of fair wear and tear, damage, negligence, incorrect storage or working conditions.

The cost of the return delivery will be deducted from any refund issued.

Payment Security

We work in partnership with PayPal to ensure all information you give us during the order process is encrypted before transmission via our Website. Visit www.paypal.com for more information. Please note that separate terms may apply to your use of their service. Please read these carefully before ordering.

Warranty

All “The Handy” products carry our manufacturer’s warranty, the period of which will be dependent on the specific product, which will be identified in the product’s user manual. The warranty period shall start from the date of delivery and is conditional on the product being serviced at the recommended intervals by a “The Handy” authorised dealer. The warranty covers faults which may occur due to faulty components or workmanship but excludes consumable items, fair wear and tear or defects caused by misuse. This warranty is in addition to, and does not affect your legal rights in relation products that are faulty or not as described.

In the event the product proves to be faulty we shall during the warranty period, at our discretion, offer to either repair or replace the product. You shall have no further remedy for a faulty product.

Certain components, such as engines are covered by their own manufacturer’s warranty. A copy of our full warranty terms and conditions can be obtained on request to the Warranty Department at the address shown below.

Privacy

We will use the information you provide solely for the purposes of processing your order/enquiry.

Your name, address and telephone number will be passed to your local “The Handy” authorised dealer (or, where relevant, our third party sub-contractors or distributors) solely for the purposes of delivery of your order and any warranty or after sales services.

Other than the above we will not provide your personal details to any third party.

Please see our Privacy Policy at www.thehandy.co.uk/privacy-policy which sets out the terms on which we process any personal data we collect from you, or that you provide to use. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

Intellectual Property

We retain all rights to images, trademarks, copyright and materials contained in this Website. We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it and any user guides or other materials supplied to you in respect of an order. These works are protected by copyright, intellectual property rights and other relevant laws. All such rights are reserved. You are permitted to use material from this Website for your own personal non-commercial use only. Any other use is strictly prohibited.

Disclaimer

Whilst we have made every effort to ensure that the content of this Website is correct and up to date, we do not guarantee the content will be free of errors. The images of the products on the Website are for illustrative purposes only and the colour of certain products may vary from those illustrated.

Our Liability to You

Nothing in these terms limits or excludes our liability for:

1.Death or personal injury caused by our negligence;

2.Fraud or fraudulent misrepresentation;

•Any breach of the terms implied by section 123 of the Sale of Goods Act 1979 (these relate to title and quiet possession);

1.Any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (these relate to the description of the product, its quality, fitness for purpose and samples)

2.Defective products under the Consumer Protection Act 1987

Subject to the above, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with the contract for any loss of profit, loss of business, business interruption, loss of business opportunity or any indirect or consequential loss.

Subject to those liabilities set out at a) – e) above, our total liability to you in respect of all losses arising under or in connection with the contract whether in contract, tort (including negligence), breach of statutory duty, shall in no circumstances exceed the purchase price of the product to which the claim relates. Nothing in this paragraph is intended to exclude or limit your legal rights as a consumer.

Contact Details

G J Handy & Co Ltd
Murdock Road
Dorcan
Swindon
SN3 5HY
UK

To contact us telephone 01793-333212 between 8.30am and 5.00pm weekdays, alternatively email us at customerservice@handydistribution.co.uk

Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events, circumstances or causes outside of our control.

If an event outside our control takes place that affects the performance of our obligations under this Contract

We will contact you as soon as reasonably possible to notify you

or

Our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects the delivery of the products to you, we will arrange a new delivery date with you after the event outside our control is over.

You may cancel a Contract affected by an event outside our control which has continued for more than 30 days. To cancel a Contract in these circumstances, please contact us. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will refund the price you have paid, including any delivery charges.

Governing Law

This agreement 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 the law of England and Wales.

Waiver

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Severability

Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

Notices

If you wish to contact us, you can contact us by telephoning our customer service team on 01793-333212 option 1, by emailing us at customerservice@handydistribution.co.uk, or in writing to the address set out above.

If we have to contact you or give you notice in writing, we will do so by email or pre-paid post to the address you provide to us in your order.