1. IMPORTANCE OF THESE TERMS
1.1.1 These terms of sale (the “General Terms”) apply to any order you place through our website at www.hoboko.co.uk(the “Website”).
1.1.2 We recommend that you read these General Terms carefully; if you don’t understand any provision in them, you should consider asking a solicitor to advise you, or you may obtain the information or guidance you need from your local Citizen’s Advice Bureau or local authority trading standards department.
1.1.3 The use of the Website is subject to separate terms and conditions which can be found above.
1.1.4 We recommend that you print a copy of these General Terms and keep them for future reference.
1.1.5 These General Terms apply where you are dealing with us as a consumer only, namely a natural person who is acting outside his or her business.
1.2 Contacting us
If you want to ask us anything about goods available through the Website, enquire about your order, make a complaint, or send us any information or notice under these General Terms, please refer to paragraph 9 (About Us) at the end of these General Terms.
1.3 Our communications with you
We will normally communicate with you by sending confirmations, notices and other messages to the e-mail address we are holding for you, or contact you via the telephone number you have provided us with and you should assume that will be the case unless we agree or notify you otherwise. The communications from us will include the following:
1.3.1 confirmation of your order;
1.3.2 acceptance of your offer to buy the goods and to order any Additional Services (see paragraph 3.3 for more information regarding Additional Services);
1.3.3 confirmation that you have cancelled an order for goods you have ordered and/or any Additional Services relating to your order;
1.3.4 any decision we make to decline your order;
1.3.5 if we cannot supply the goods you have ordered at all or within the estimated delivery timescales;
1.3.6 if we have any queries or issues regarding any Additional Services you have ordered; and
1.3.7 notice that your goods and any Additional Services have been dispatched.
1.4 Your statutory rights
We are under a legal duty to supply products that are in conformity with the contract we form with you. As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right to cancel as set out in Delivery & returns or anything else in these General Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office, or on-line at http://www.direct.gov.uk/consumer
2. WEBSITE INFORMATION
2.1 We take reasonable care to ensure that the information, including prices, we publish on the Website relating to our goods is accurate, complete and fair at the time of publication, but sometimes errors or omissions occur.
2.2 Where we discover a material error or omission, including in the price of the goods you have ordered, we will inform you promptly and give you the opportunity to confirm your order based on the corrected information, or to cancel it and obtain a refund as set out in
2.3 If you don’t confirm or cancel your order within 10 working days (i.e. excluding Saturdays, Sundays and public holidays in England) after we send you the corrected information, we will treat your order as having been cancelled for a refund as set out in Delivery & returns
3.1 Ordering Procedure
3.1.1 Find the product you want
To find an item you are looking for, either select the category where it is most likely to appear from the top navigation menu or type the name of the item you are looking for into the search box at the top of the page and click ‘SEARCH’.
3.1.2 Select and add to shopping basket
When you have found the goods you want to buy, simply enter the quantity (1 is the default quantity) or where relevant the size you require and click ‘add to basket’. This adds the item to the shopping basket.
Don’t worry if you have added the wrong item or too many of an item to your shopping basket. To remove items from your shopping basket, select ‘delete’ underneath the item quantity. To change the quantity, type the quantity you want in the quantity box, and your shopping basket will update with the new quantity.
For security purposes your shopping basket will be emptied after 30 minutes of no activity.
Paying for the goods you have selected couldn’t be easier. Click on ‘My Basket’ at the top of the screen and you will be taken to your shopping basket. You can then check its contents before proceeding. If you would like to add any Additional Services such as ‘Gift Wrap’, please check the box in the shopping basket under each item you have selected.
Simply click on ‘Proceed to Checkout’ and fill in the details we ask. You will be guided through the process of placing an order by a series of simple instructions on the Website. You place the order for your goods and any Additional Services on the Website by pressing the ‘Place Order’ button at the end of the checkout process. You will then be redirected to the PayPal website to make payment for this order.
3.1.4 Enter your Promotional Code
At various times, we may offer seasonal or promotional discounts on our products. If you have a promotional code, you can enter it before proceed to Check Out.
Please note that terms and conditions apply to all of our promotions and sales, for example all promotions are subject to stock availability and promotional codes can no longer be honoured after their ‘End Date’.
For security purposes our checkout pages will expire after a period of inactivity.
3.1.5 Can I save items in my shopping basket to buy another day?
3.2 What happens when you place an order to buy goods?
3.2.1 When you place an order you make us an offer to buy the goods described in the order, and that offer is subject to our acceptance. Where your order relates to several items, each item is treated as being subject to a separate order and, in due course, a separate contract for the sale and purchase of the goods.
3.2.3 Neither the completion and submission of your order, nor the confirmation from PayPal constitutes acceptance by us of your order. You may cancel your order at any time before we accept it.
3.2.4 Our acceptance of your order takes place when we send you our confirmation of order email, and not before, even where we have collected payment from you; until then we may cancel your order, in which case we will notify you and provide a refund as set out in Delivery & returns
3.2.5 We recommend that you print the order and our confirmation of its receipt.
3.2.6 As your product is shipped from our warehouse we will send you a despatch confirmation email.
3.2.7 At the moment we accept your order, a contract is made between us which obliges us to sell and you to buy the goods, unless the contract is terminated in accordance with these General Terms, and the law, including by you when you exercise your statutory rights of cancellation (see Delivery & returns). Each contract between us is separate from each other contract, unless both of us agree otherwise.
3.3 What happens when you place an order for additional services?
3.3.1 We offer the following services (“Additional Services”) in relation to the goods you’ve ordered:
(a) gift wrapping; and
(b) application to the goods of any gift message provided by you.
3.3.2 Information about how to place an order for Additional Services can be found at Ordering Procedure.
3.3.3 We accept your order for Additional Services at the same time as we accept your order for the goods.
3.3.4 Subject to paragraphs 3.3.5 and 3.3.6, orders for Additional Services are treated in the same way as orders for goods, and may be cancelled by you or declined by us accordingly.
3.3.5 Where you cancel your order or we decline your order for goods, your order for Additional Services or any contract for Additional Services (as appropriate) is to be treated, without further action on either your or our part, as if it had been cancelled.
3.3.6 A separate contract for the supply of each type of Additional Service at an additional charge is made between us in addition to the contract for the sale of the goods.
3.3.7 If you request performance of any Additional Services within 14 calendar days (starting from the day after we accept your order), you may be charged for any work undertaken by us in performing the Additional Services if you cancel your order within this period.
3.3.8 You will be unable to cancel a contract for Additional Services once the service has been fully performed within the 14 day period referred to at paragraph 3.3.7.
3.3.9 Subject to paragraph 3.3.8, if you cancel an order or a contract for Additional Services but not an order or contract for the associated goods, the latter will not be affected, except that a contract for the goods (if not already made) will be concluded in accordance with these General Terms as if your order or contract for the Additional Services had not been made.
3.4 Unavailability of stock
3.4.1 Our stock of goods is limited and we may experience problems with our suppliers.
3.4.2 If we cannot supply the goods you have ordered at all or within the estimated delivery timescales (see paragraph 5 for further information regarding delivery), we will notify you accordingly and offer you one of the following options:
(a) to cancel your order and receive a full refund of any amounts already paid as set out in Delivery & returns
(b) to place an alternative order, and these General Terms will apply to the alternative order.
3.4.3 If you don’t select one of the options in the previous paragraph within 7 days, your order will be declined without notice from us and we will provide a refund .
3.5 Gift messages
3.5.1 Where we offer you the opportunity to write a gift message, and you take this up, you must not by way of the message do or seek to do any of the following:
(a) impersonate any person or organisation or falsely state or otherwise misrepresent yourself, or your relationship with any person or organisation;
(b) include any:
(i) unsolicited or unauthorised material or advertising;
(ii) communicate any personal or confidential information of any person or organisation, or infringe the property or rights of any person without their prior consent;
(iii) information or material which:
(A) may be illegal, discriminatory, of a sexual nature or otherwise offensive or harmful;
(B) is deliberately misleading or fraudulent; or
(c) intimidate or harass any person or organisation.
3.5.2 If we have reasonable grounds to believe your gift message breaches the requirements of the previous paragraph, we may refuse to deliver it.
3.5.3 You are responsible for the content of any gift message, and we are not liable for any loss or damage to you or anyone else arising from or in connection with your gift message.
4.1 Method of payment
Payment can be made by:
4.1.2 PayPal account.
4.2 If you would like to pay by cheque, please contact us using the details at paragraph 9 (About Us), however the goods will not be dispatched before we have received cleared funds in our bank account in respect of the price.
4.3 When we collect payment
4.3.1 We will normally take payment from you before dispatching the goods to you, but if we have not received payment before you have received the goods you must pay for them.
4.3.2 If you do not pay for the goods (when obliged to do so under the previous paragraph) within one calendar month after receiving them, we are entitled by notice to you to terminate our contract with you in respect of the sale of the goods, and if we do so, you must at our request and your cost either return the goods to us in accordance with reasonable instructions we give you or make them available for collection at the address to which they were sent.
4.4 What the price includes
4.4.1 The price of the goods and Additional Services will be as quoted on our Website at the time you submit your order.
4.4.2 The price of the goods excludes VAT as it is not payable on the goods. Please see paragraph 9.2 (VAT) which explains this in more detail.
4.4.3 The price of goods does not include delivery charges. Our delivery charges can be found at Delivery & returns and are advertised to you before you proceed to check out.
4.4.4 We deliver to U.K addresses only. If you would like us to deliver to an international address, please contact us. If we do agree in writing with you to international delivery and the costs applicable, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
4.5 Late payment interest
Failure to pay any amount which is due will entitle us to charge interest on the amount outstanding at an annual rate of three (3) per cent above the base rate of HSBC Bank from time to time, from on the due date until the date of actual payment (after as well as before any legal judgment against you).
The goods will only be owned by you when we have received payment in full, including any applicable delivery charges.
5.1 Delivery information
5.1.1 You must complete the order form to give us any necessary information to enable us to deliver the goods to you by post.
5.1.2 Where we have sought to deliver the goods and you are unable to accept delivery we may charge you for the reasonable costs of storage and any wasted delivery costs incurred by us.
5.2 Time for delivery
Unless we agree otherwise, all deliveries will be made within 30 days of our acceptance of your order. All dates and times for delivery of the goods are estimates only, except we shall use our reasonable endeavours to make delivery no later than the date or time stated.
Delivery of the products will be deemed to be completed on delivery of the products to you or to a person specified by you to take delivery of the products in the relevant order and so you should consider insuring them from the date of delivery.
6. CANCELLATION AND RETURNS
Delivery & returns tells you about the statutory cancellation period during which you may be entitled to cancel our contract with you for the sale and purchase of the goods via the Website and return them to us for a refund. The policy also contains information regarding cancellation of any Additional Service.
We exclude all liability for any loss or damage which relates to any business of yours.
8.1 Governing law
Any contract between us shall be governed by and construed in accordance with English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
8.2 No third party rights
No person who is not a party to a contract between us acquires any benefit or right under that contract.
If you breach any contract between us and we fail or neglect to enforce the provisions of the contract, our omission or silence should not be understood by you that we are giving up our rights or remedies. If either you or we do give up our rights or remedies on one occasion, that does not mean that we or you are doing so in respect of any other rights or remedies.
9. ABOUT US
9.1 Contact details
Our details are as follows:
Fletcher’s Yard, Ness Hall, East Ness, YORK, YO62 5XD
We are not VAT registered and consequently VAT is not payable on our goods.