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Terms & Conditions

 

Introduction

By using the Hogarth website, you accept our Terms and Conditions and Privacy Policy. We reserve the right to change these Terms and Conditions from time to time and we advise you to read through them each time you use the site.

You must be over 18 years old to buy good from this site. If you are under 18, you can only use this site with the involvement of a parent or guardian. 

Order Acceptance and Contract

We will send you a confirmation email within 24 hours of your order being placed to confirm receipt of your order. Orders placed by you are an offer to purchase and will be accepted by us, subject to stock availability. Once you have received your confirmation email, we can't change the details of the order (product, quantities or delivery address). Please ensure you review all your details before you complete the checkout process. Please contact us at info@hogarth-design.com or on 01750 23920.

There is a delay between the time when the order is placed and the time when the order is accepted and the order confirmation email is not a guarantee of stock availability. On occasion the stock position relating to particular items may change. If an item is not in stock at the time of processing your order, we will let you know as soon after the order has been placed as possible and you will not be charged for the out of stock item(s).

The contract for the sale of the goods will be formed when we send an e-mail confirmation to you that we've dispatched the product to you at the address you provide us with. Acceptance will be complete at the time that we send this email to you. Any products on the same order which we have not been confirmed in the confirmation email do not form part of that contract. At the point of dispatch your card will be debited for the items that have been shipped. If your order has already been dispatched, we can no longer cancel it but you can return it within 28 days of purchase. Please have a look at our Returns policy for details of how to return goods to us.

To securely receive payments over the internet, we use Secure Sockets Layer (SSL) technology to protect your personal information and payment details. When placing an order all credit card information is entered on a secure page to maximise your security. We take security seriously and have put in place appropriate physical, electronic and managerial procedures to safeguard the information we collect. 

We welcome orders from most overseas addresses and all BFPO addresses in the UK. Orders must be paid for by Visa, Mastercard, Maestro, Switch or PayPal. Please note that this site and its contents do not form an agreement between Hogarth and a customer in a jurisdiction in which the products offered for sale would go against any local, regional or national laws. If you know that it would be illegal for us to sell our products in your country, please do not order items from our site as we cannot be held responsible.

Hogarth reserves the right to refuse any order.

Returns Policy

We hope you will be delighted with your purchases and the customer service you have received. If you wish to return your item you may do so to the following address:

HOGARTH
Unit 6
 Tweed Mill
 
Dunsdale Road 
Selkirk 

TD7 5DZ

You can return any item for an exchange or refund within 28 days of purchase if you are not completely satisfied with it. Returned items must be returned to us unworn and in the original condition you received it from us and accompanied by the invoice. We will assume your order is cancelled and we will refund the amount to you or give you an exchange as required. If you would rather have replacement goods, Hogarth can arrange for delivery to you; this constitutes a separate contract between you and Hogarth.

We advise you to send your item(s) back via a recorded post service and get a proof of postage as we cannot be held liable for any goods lost in transit to us. The items are your responsibility until they reach our head office.

Please don't forget to include your original invoice and details of the refund or exchange you require. Once your goods are accepted back into stock you will be issued with an exchange or refund. We can only refund the card originally used for payment. Please tell us why you are returning your item(s) to help us to improve our service and goods in the future. We endeavour to process postal return refunds/exchanges as soon as possible, but please allow 10 working days to be credited in your account.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United Kingdon and other copyright laws, and is the property of House of Hogarth. The collective work includes works that are licensed to House of Hogarth. Copyright  2013, House of Hogarth ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with House of Hogarth or purchasing House of Hogarth products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with House of Hogarth or to purchase House of Hogarth products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by House of Hogarth. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of House of Hogarth used in the site are trademarks or registered trademarks of House of Hogarth.

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, House of Hogarth disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. House of Hogarth does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. House of Hogarth does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Limitation of Liability

House of Hogarth shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if House of Hogarth has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a House of Hogarth product is mistakenly listed at an incorrect price, House of Hogarth reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. House of Hogarth reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. If your credit/debit card has already been charged for the purchase and your order is cancelled, House of Hogarth shall issue a credit to your credit/debit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by House of Hogarth without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

House of Hogarth may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to House of Hogarth.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of Scotland, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of House of Hogarth products) shall be in the courts located in Scotland. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of House of Hogarth products) must be commenced within one (1) year after the claim or cause of action arises. House of Hogarth's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. House of Hogarth may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a House of Hogarth or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

House of Hogarth does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, House of Hogarth is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, House of Hogarth reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to House of Hogarth in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless House of Hogarth, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, House of Hogarth may link to sites operated by third parties. However, even if the third party is affiliated with House of Hogarth, House of Hogarth has no control over these linked sites, all of which have separate privacy and data collection practices, independent of House of Hogarth. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, House of Hogarth seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).