Please read these terms and conditions carefully, they contain important information about your rights and obligations.
1.1 This website is operated and owned by O'Hagan's Limited ('The Company'). Any correspondence should be made via the online contact form, or by telephone on 01243 649133. We also welcome customers to visit us at our shops. Visits by trade customers will normally be by prior appointment only. Please call us for details.
2. Placing an Order
2.1 By placing an order with us you will be deemed to have read, understood and agreed to these Terms and Conditions. If you are unhappy with any aspect of these, then you should contact us before placing an order with us.
2.2 To order a product online you will need to follow the ordering procedures set out on our website. Details of prices for the Products, the procedures for payment and delivery are displayed on this website where appropriate.
2.3 Any times or dates stated on our website for delivery are estimates only. The Company will make all reasonable effort to deliver goods within the time specified, but does not accept liability for any failure to deliver within that time.
2.4 You must pay by credit or debit card, cheque or postal order at the time of order. The price of any Product is the price in force at the date and time of your order. We reserve the right to change the price of any Product at any time and without notice. We try to ensure that all prices displayed on our website are accurate, however if we have made an error we will contact you with the correct pricing details. You may then decide whether or not to order the product at the correct price, order an alternative product, or cancel the order.
2.5 The Company is entitled to refuse any order placed by you. If your order is accepted, and provided you have supplied a valid email address, we will confirm acceptance to you by electronic means (‘Confirmation’) to the e-mail address you have given us on ordering. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within a maximum of 30 days. Due to the nature of our products delivery is normally made by next-day courier and a signature will normally be required on receipt.
2.6 You undertake that all details you provide to us for the purpose of purchasing goods or services which may be offered by us on our website will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We will obtain validation of your credit or debit card details before providing you with any goods or services.
2.7 If we make a refund to you for any reason, we can only refund the person that placed the original order. If an order was sent as a gift to a different delivery address than your own, we cannot offer the recipient a refund under any circumstances.
3. Modifications to this website
3.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content and/or the sale of new Products shall be subject to these terms and conditions.
3.2 Please note that although we try to ensure that the content of our website is accurate, it may contain typographical errors or other inaccuracies.
4. Information you provide and your use of this site.
4.2 You warrant and undertake that you will not use our website for any purpose that is illegal or is prohibited by these terms and conditions. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions.
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
6. Applicability of online materials
6.1 Our website is controlled and operated by us from our offices in England. Where content published on the website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content, except for content which relates directly to Products you purchase. You assume total responsibility and risk for your use of our website and use of all information contained within it.
6.2 We have used our best endeavours to ensure that our website complies with UK laws. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws.
6.3 At the time of writing we are unable to deliver outside the United Kingdom. The Company accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
7. Copyright and monitoring
The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is O'Hagan's Limited, its affiliates or other third party licensors. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with us or using our website as a shopping resource. However, (with the exception of submitting product reviews) you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent.
8. Linked sites
We make no representations whatsoever about any other web sites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
9.1 We promise that for any Product you purchase from our website:
- we have the right to sell the Product to you;
- the Product will correspond to the description we have given to you;
- the Product will be of satisfactory quality
Subject to this, however, Products are not sold as being fit for any purpose other than human consumption and once you have received the goods you are responsible for food hygiene and any safety precautions which may be required. We also promise that any product we provide to you will be provided with reasonable skill and care.
We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.
9.2 We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in these terms and conditions), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of O'Hagan's Limited or our servants, agents or any other person or entity.
9.3 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.
9.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
9.5 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
10.1 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version.
10.3 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
10.4 These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
10.5 Except in respect of a payment obligation, neither you nor we will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.
10.6 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
10.7 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
11.1 All notices shall be given:
- to us via the online contact form or the telephone number provided on this web site unless otherwise set out above or
- to you at either the e-mail or postal address you provide during any ordering process.
Notice to us will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or to you by mail 3 days after the date of posting.
These terms and conditions replace all other terms and conditions previously applicable to the use of our website and/or sale of the Products.
Every effort is made to ensure the accuracy of any information provided on this web site, however errors do occur from time to time and we accept no liability consequential or otherwise for any such errors. Your statutory rights are not affected.
O'Hagan's Limited, registered in England.