Terms and conditions

Terms and Conditions – Personal

Please read these terms of sale carefully before placing your order and retain a copy of these Terms & Conditions for future reference.

1.Format of the Contract
1.1
These terms of sale apply to all goods supplied by Hotter Than Hell Tattoo. (the “Supplier”, “we”, or “our”).
1.2
Any order placed by you, “the Purchaser” for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order, payment and accepted it (which we may do at our discretion).
1.3
We will send you an order acknowledgement shortly after you place your order, notifying you that we have received your order.
1.4
If we accept your order, we will notify you by email that we have accepted advising despatch times of the goods. If we cannot accept your order (for example (but without limitation) because the goods are found to be unavailable) we will notify you by telephone or email.
1.5
In the event that, after we accept your order, we discover that the goods ordered are unavailable or that there was a pricing error on our website in respect of the goods ordered, we reserve the right not to supply the goods ordered and to offer you a refund or alternative goods in accordance with conditions 2.2 to 2.4 below.
1.6
The contract is subject to your right of cancellation (see condition 6 below).
1.7
We have the right to terminate the contract if the price of the goods is not received from you in cleared funds (in accordance with condition 3.1).
1.8The Supplier may change these terms of sale without notice to you in relation to future sales.
2.   Description and Price of Goods
2.1The description and price of the goods you order will be as shown on the Supplier’s website at the time you place your order.
2.2If after acceptance of your order we discover within 14 days of such acceptance that all of the goods are unavailable, we may terminate the contract and refund or re-credit you within 7 working days for any sum that has been paid by you or debited from your credit card for those goods. In these circumstances, we will inform you as soon as possible.
2.3If within 7 days of our acceptance of your order we discover that some but not all of the goods are unavailable, we will no longer supply those unavailable goods. In these circumstances we will contact you detailing the goods that are unavailable and offer you the option of cancelling the whole order or amending your order to substitute the unavailable items with alternative goods. If you have not cancelled the order within 14 days of receipt of such notice, we will deliver the available goods in accordance with condition 4 below. We will refund or re-credit you for any sum that has been paid by you or debited from your credit card in respect of the unavailable goods or cancelled order (if you have cancelled it).
2.4Every effort is made to ensure that prices shown on the Supplier’s website are accurate at the time you place the order. If within 14 days of accepting your order a pricing error is found in respect of any or all of the goods you have ordered, we will notify you as soon as possible detailing the mis-priced goods and offer you the option of:
2.52.4.1 placing a new order at the correct price for those goods;
2.4.2 cancelling the whole of your order; or
2.4.3 cancelling your order for the mis-priced goods and reconfirming your order for the correctly priced goods

If within 14 days of receipt of our notice to you, you have not responded by selecting one of the available options at conditions 2.4.1 to 2.4.3 above then:
(a) if all of the goods you have ordered are found to be mis-priced, the entire order will be cancelled automatically and the Supplier will refund or re-credit you for any sum you have paid for those goods; or
(b) if only some of the goods you have ordered are found to be mis-priced, our contract with you continues and we will deliver the correctly priced goods but we will not be obliged to supply you with the mis-priced goods. In these circumstances we will refund or re-credit you for any sum you have paid for the mis-priced goods.

2.6To avoid any doubt, where goods are unavailable and you order alternative goods from us, or where goods have been mis-priced and you subsequently order such goods at the correct price, these terms of sale shall apply to the order and the supply of the relevant goods, whether the order is placed through our website or otherwise.
3.     Payment
3.1Payment for the goods and delivery charges can be made by any method shown on the Supplier’s website at the time you place your order. Payment shall be due when order is placed and is a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
3.2Goods will not be despatched until cleared funds are received (with the exception of business accounts where we have agreed credit facilities with you).
3.3Payments shall be made without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
4.     Delivery
4.1The goods you order will be delivered to the address you give when you place your order. If after your order has been despatched you require your order to be delivered to an alternative UK address a charge of £10 will be required. (A redirection approval is subject to your order and account status). If order is 20 boxes plus, a redelivery charge of £30 will be applicable.
4.2Orders placed before 3.00pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
4.3If delivery cannot be made to your address for reasons under the Supplier’s control the Supplier will inform you as soon as possible.
4.4If you delibrately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to Supplier, the Supplier may:
4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable price and either (a) where you have not already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods or (b) where you have already paid for the goods in question, account to you (after deducting allr easonable storage and selling expenses) for any proceeds received.
4.5If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
4.6Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you of any delay as soon as possible and will give you the option of cancelling your order at this point.
4.7Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery or sign for the parcel as “DAMAGED”. Failure to do so may affect any warranty claims that you make thereafter.
5.     Risk / Title
5.1The goods are at your risk from the time of delivery.
5.2Ownership of the goods shall not pass to you until the Supplier has received in full (in cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from you on any account
5.3The Supplier shall be entitled to recover payment for the goods even though the ownership of any of the goods has not passed from the Supplier
6.      Your Right of Cancellation
6.1You have the right to cancel the contract at any time up to 10 days after you receive the goods (see below). Please note that this policy has some limitations and does not apply to business customers.
6.2To exercise your right of cancellation, you must give written notice to the Supplier by enotes section of our website, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
6.3Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned after agreement with the Supplier – contact us for agreement and return procedures. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or misdescribed goods the Supplier shall, after receiving notification in accordance with condition 6.4, 6.5, or 6.6, either collect the goods from you or ask you to return the goods to the Supplier in accordance with the Supplier’s Return procedure (see condition 10 below).
6.4Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
6.5Except in the case of faulty or misdescribed goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
6.6You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.
7.     Limitation of Liability
7.1Subject to 7.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
7.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
7.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
7.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.
7.2Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier’s negligence or fraudulent misrepresentation.
7.3If you are a business customer, the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (however caused) which arise out of or in connection with this agreement.
7.3.1 loss of business; loss of data; loss of profits; loss of goodwill; loss of anticipated savings or loss of revenue even when advised of the possibility; or
7.3.2 any indirect or consequential losses, liabilities or costs.
7.4If you are a business customer then the aggregate liability of the Supplier (whether in contract or for negligence or breach of statutory duty or otherwise howsoever) to you for any loss or damage of whatsoever nature and howsoever caused shall be limiited to and in no circumstances shall exceed the price of the goods in question.
8.     Data Protection
The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
9.  Images
Product images are for illustrative purposes only and may differ from the actual product.
10. Returns
10.1For all details of the Supplier’s returns policy and procedures please see below:
10.2Inparticular, please note that any items returned to us which you claim to be faulty or incomplete are checked and verified by our technicians. Any returned items that are found not to be faulty or incomplete will be returned to you and we shall be entitled to charge you for the return carriage costs via your original payment method. In the event that your credit card has expired, or is declined we will hold the item(s) until full payment has been made for the return carriage.
10.3Any items that you return to use are at your own risk, therefore we strongly advise all our customers to take reasonable care when returning any items to us for example, by ensuring the goods are correctly addressed, adequately packaged and carried by a reputable carrier.
11. Governing Law and Jurisdiction
These terms of sale and the supply of the goods will be subject to English Law and the English courts will have jurisdiction in respect of any dispute arising from the contract.
12. Protecting Your Security
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998. During security checks we may ask for additional information or documentation to help support the data you supplied.
12.2The Purchaser shall obtain at its own expense any licence or consent required for the importation of the Goods by the Purchaser and if necessary or so required, shall produce evidence of the same to the Company on demand.
13.Force Majeure
13.1The Company shall not be liable to the Purchaser for any loss or damage which may be suffered by the Purchaser as a direct or indirect result of the supply of the Goods by the Company being prevented, hindered or delayed by reason of any force majeure circumstances.
13.2In this Condition “force majeure circumstance” shall mean any act of God, riot, strike, lock-out, trade dispute or labour disturbances, accident breakdown of plant or machinery, fire, flood, difficulty in obtaining workmen, material or transport, or other circumstances whatsoever outside the control of the Company affecting the provision of the Goods or of raw materials therefore by the Company’s usual source of supply or the manufacture of the Goods by the Company’s normal means or the delivery of the Goods by the Company’s normal route or means of transport.
14.  Waiver
The failure on the part of either party to the Contract to exercise or enforce any rights by the Contract shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.
15.  Notices
Any notice required to be given hereunder in writing shall be deemed to have been duly given if by pre-paid first class post, telex or telegraph addressed to the party concerned as its principal place of business or last known address.
16.Headings
Headings to any of these Conditions are included to facilitate reference only and shall not affect the construction hereof.
17.  Governing Law
The Contract shall be governed by the construed and interpreted in accordance with the laws of England and for the purposes of settlement of any disputes arising out of or in connection with the Contract the parties hereby submit themselves to the jurisdiction of the English Courts.