Terms & Conditions
This page (together with the referenced documents) explains the terms and conditions on which we supply all of the products listed on our website www.storyhorse.com (our site) to you. Please read these terms and conditions carefully before ordering any products from our site. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. Please understand that if you refuse to accept these terms and conditions, you will not be eligible to order any products from our site.
1. INFORMATION ABOUT US
www.storyhorse.com is a site operated by The John Hogg Group. We are registered in Northern Ireland under company number NI602986 and our registered business address is located at -: 1-6 St. Helens Business Park, Holywood, Co. Down, Northern Ireland, BT18 9HQ Telephone number 0844 8243431. Our VAT number is GB 991 315 215.
2. YOUR STATUS
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts
(b) You are at least 18 years old.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order, you will receive an e-mail from us acknowledging receipt of your order. Please note that this does not mean that your order has been accepted. Your order constitutes a request to us to purchase a product. All orders are subject to acceptance by us, and we will confirm such acceptance by sending you e-mail confirmation that the product has been dispatched (the dispatch confirmation). The contract between us will only be formed when we send you the dispatch confirmation.
3.2 The contract will relate only to those products for which we have sent the dispatch confirmation.
4. CONSUMER RIGHTS
4.1 You may cancel the contract at any time within seven working days, beginning on the day after you receive the products. In this case, you will receive a refund for the sum paid for the products in accordance with our refunds policy (set out in clause 8 below).
4.2 To cancel a contract, you must inform us in writing. You must also return the product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. 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 to pursue you for compensation.
5. AVAILABILITY AND DISPATCH
We will endeavour to fulfil order dispatch by the estimated dispatch date set out in the dispatch confirmation or, if no date is specified, then within a reasonable time of the date of the dispatch confirmation, unless there are exceptional circumstances.
6. RISK AND TITLE
6.1 The products will be at your risk from the time of delivery.
6.2 Ownership of the products will only pass to you when we receive full payment of all monies due in respect of the products ordered and any applicable delivery charges.
7. PRICE AND PAYMENT
7.1 The price of any product will be as quoted on our site except in cases of obvious error.
7.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our shipping and delivery guide.
7.3 Prices are liable to change at any time, but changes will not affect orders for which a dispatch confirmation email has already been sent.
7.4 Our site contains a large 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. 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 of such rejection.
7.5 We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a dispatch confirmation email, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mistake.
7.6 Payment for all products must be made by credit or debit card. We accept payment by Visa, Visa Debit, Visa Electron, Mastercard & Maestro.
8. OUR REFUNDS POLICY
8.1 When you return a Product to us:
(a) because you have cancelled the contract between us within the seven-day cooling-off period (see clause 4.1), goods will be refunded or exchanged providing that you have not used the item; it is in its original condition with header card/ wrap band/ swing tag etc. intact; and you have taken reasonable care to ensure that any item is returned to us safely and not damaged in transit. In this case, we will refund the price of the product(s) in full (including the cost of sending the item to you) as soon as possible and, in any case, within 30 days from the day you notify us of your cancellation. However, you will be responsible for the cost of returning the item to us and we will not accept responsibility for returns that do not reach us.
(b) for any other reason (for instance, because you have notified us that you do not agree with our terms and conditions or any of our policies, or because you claim that the product(s) is defective), we will examine the returned product(s) and will send you email notification when your refund has been processed. We will process the refund due to you as promptly as possible and, in any case, within 30 days from the e-mail confirmation date. Returned defective products will be refunded in full, including the initial postage cost on your order (if applicable) and the cost incurred by you for the product return.
8.2 We will refund any monies owed to the card you used when making your online purchase.
8.3 All goods returned to us must include a note of your order number and contact details.
9. OUR LIABILITY
9.1 We warrant to you that any product purchased through our site is of satisfactory quality and reasonably fit for the purpose for which products of its kind are commonly intended.
9.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price paid for the product.
9.3 This does not include or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data, or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided that this clause shall not prevent claims for loss of or damage to your tangible property.
10. IMPORT DUTY
10.1 If you order products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
10.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable if you breach any of these laws.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices communicated by you to us must be in writing and sent to Storyhorse at http://storyhorse.com/contacts/ We may give notice to you via either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the e-mail address specified by the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The contract between you and us is binding.
13.2 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or any delay in performance of our obligations under a contract that is caused by events outside our reasonable control (a force majeure event).
14.2 A force majeure event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any contract is deemed to be suspended for the period that the force majeure event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the force majeure event to a close or to find a solution by which our obligations under the contract may be performed despite the force majeure event.
15.1 If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
17.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking, promise or implication given by the other in spoken or written negotiations between us prior to such contract except as expressly stated in these terms and conditions.
17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 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.
18.2 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 any change to those policies or these terms and conditions before we send you the 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 of the products).
19. LAW AND JURISDICTION
Contracts for the purchase of products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the law of Northern Ireland. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Northern Ireland.