Terms & Conditions
Where to find information about us and our products.
We are Hycon Limited (registered in England and Wales with company number: 03316060). Our registered office address is at Wyvols Court Basingstoke Road, Swallowfield, Reading, Berkshire, England, RG7 1WY. Our VAT number is GB642234366. You can find everything else you need to know about us and our products on our website www.hycon.co.uk in our catalogue or from our sales staff before you order. We also confirm the key information to you in writing before or after you place your order (depending on how you purchase product(s) from us) either by email, in your online account or on paper.
We don't give business customers all the same rights as consumers.
For example, business customers can't cancel their orders, they have different rights where there is a problem with a product, and we don't compensate them in the same way for losses caused by us or our products. We have clearly stated where a term applies just to businesses or just to consumers. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft, or profession, even if you are an individual.
If you are a business customer this is our entire agreement with you.
If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
We only accept orders when we've checked them.
We will confirm we have received your order. We will then contact you to confirm we've accepted your order, unless we reject your order for any reason in which case we will contact you to let you know (see clause 5 below).
Sometimes we reject orders.
Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because a credit reference we have obtained is unsatisfactory because you are a consumer located outside the UK (we only supply to customers outside the UK who are business customers) or because the product was mispriced by us. When this happens, we let you know as soon as possible and if applicable refund any sums you have paid.
We may also offer you an alternative product if, for example, the product you have ordered is out of stock or has a long ‘lead time’ (see clause 9 and clause 35.3). If we do this and you accept the alternative product, this contract will be amended to apply to the alternative product instead. If you do not accept the alternative product, you can either wait for the original product (if applicable) or terminate the contract.
The price of the product(s) shall be the price notified to you (on the website, over the telephone, by email or on social media) when you place your order. A full price list is available by email on request but please note that this is an extremely large file so not all systems will accept the file size. Please contact us if you would like any further information about pricing.
We charge you when you place your order, or we supply your product to you.
When we charge you will depend on whether you are a business customer or a consumer and, if you are a business customer, whether you have an account with us. If you are a business customer and have an account with us, you may have a credit limit which means we will charge you when we supply your products to you. For all other customers, we will charge you when you place your order. You will own the product(s) once we have received payment in full.
If you are a business customer with an account and you have a credit limit, we can invoice you for the product(s) on or at any time after the completion of delivery.
You must pay each invoice we submit within 30 days of the date of the invoice (or, if we have agreed different credit terms with you in writing when you set up your account, in accordance with those credit terms), in full and cleared funds to the bank account we nominate in writing to you.
If the price of the product(s) you order exceeds your credit limit, we may charge you when you place your order, or before delivery of the product(s), instead of invoicing you after delivery.
If your credit is overdue on your account, we may suspend supply of our products to you until you have settled your account. This clause 8.3 is in addition to, and does not limit our right to charge interest on overdue payments under clause 13.
Delivery dates are estimates only.
If we quote a delivery date when you place your order, that date is an estimate only and is not guaranteed. Some products may not be available immediately when you order them but can be pre-ordered, so may have what we call a ‘lead time’. Where products have a lead time, we will update you when we know when they are likely to be delivered, but those dates will still be estimates and are not guaranteed.
If you are a business customer based outside the UK, part of the contract will be governed by the INCOTERMS 2020. If you are a business customer based outside the UK, we will rely on INCOTERMS 2020 to govern the relevant parts of the contract between us. The INCOTERM 2020 which will apply will be stated Customs Declaration CN23 when you place your order. In the circumstances where a provision of these terms and conditions conflicts with the relevant INCOTERM 2020, the relevant INCOTERM 2020 will prevail but the remainder of these terms and conditions will remain in full force and effect.
If you are a business customer, risk in the product(s) passes on delivery.
If you are a business customer, risk in the product(s) passes to you on completion of delivery.
If you are a business customer, you have no set-off rights.
If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
We charge interest on late payments.
If we're unable to collect any payment you owe us, we charge interest on the overdue amount at the rate of 3% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
We pass on increases in VAT.
If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
We're not responsible for delays outside our control.
If our supply of your product is delayed by an event outside our reasonable control, we will contact you as soon as possible to let you know and do what we reasonably can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial, you can contact our Customer Service Team: by phone on 01189 782 555 or via email to sales@hycon.co.uk, to end the contract and receive a refund for any products you have paid for in advance, but not received, less reasonable costs we have already incurred.
Products can vary slightly from their pictures.
A product's true colour may not exactly match that shown on your device or in our catalogue or its packaging may be slightly different.
You're responsible for making sure your measurements are accurate.
If we are making or supplying a product to a drawing, design, specification and / or measurements provided by you, you are responsible for making sure those measurements are correct. Contact our Customer Service Team if you need to talk to us about any measurements: 01189 782 555 or sales@hycon.co.uk.
If we are making or supplying a product to drawing, design, specification and / or measurements provided by you, you need to make sure you have the rights and permissions to enable us to do that.
If you are a business customer, you must pay us for all losses we suffer or incur in connection with any claim made against us that we have violated someone else’s rights (for example, intellectual property rights) by making or supplying a product based on your drawing, design, specification and / or measurements.
We charge you if you don't give us information we need.
We may charge you additional sums if you don't give us information, we've asked for to enable us to supply the product(s) to you or if you don't do preparatory work (e.g., for installation) as agreed with us.
If you ordered the incorrect product(s) and wish to return the product(s) you ordered,
we may (at our discretion) accept the return of those incorrect product(s). If we do accept return of those product(s), we will charge a minimum administration fee of 15% of the price of the product(s) and we will refund the rest of the price to you by way of credit note only. If you are a consumer, this clause will only apply after your right to change your mind has expired (see Your legal right to change your mind).
If you are a consumer and you bought online, over the telephone, by email or by social media you have a legal right to change your mind.
Your legal right to change your mind.
For most of our products bought by consumers online, over the telephone, by email or over social media, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. You have 14 days to change your mind and cancel the contract and if you do, you must pay the costs to return the product(s) to us. This right is subject to some conditions, as set out below.
When you can't change your mind.
You can't change your mind about an order for:
If you are a consumer and you change your mind about a product bought online, by email order, over the telephone or on social media, you must let us know no later than 14 days after the day, we deliver your product(s). If the product(s) are for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.
How to let us know.
To let us know you want to change your mind, contact our Customer Service Team on 01189 782 555 or at sales@hycon.co.uk, or in writing to us at Hycon Limited Units 22-25, Kingsclere Business park, Kingsclere RG20 4SW. Alternatively, you can fill in the cancellation form which is available online at www.hycon.co.uk, in a versioin we have emailed to you (if applicable), in the version at the back of our catalogue. You can send the form to us by post or email at the details in this clause.
You must return the product at your own cost.
If you exercise your right to change your mind, you must return the product(s) to us within 14 days of your telling us you have changed your mind. You must pay the costs of returning the product(s) to us. You can:
We only refund standard delivery costs.
We don't refund any extra you have paid for express delivery or delivery at a particular time.
We reduce your refund if you have used or damaged a product.
If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the packaging is damaged, or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team: on 01189 782 555 or at sales@hycon.co.uk can advise you on whether we're likely to reduce your refund.
When and how we refund you.
If the product(s) haven't been delivered to you at the time you change your mind, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. If you are sending the product(s) back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment. We don't charge a fee for the refund.
You have rights if there is something wrong with your product.
Return the product to us.
If you think there is something wrong with your product, you must either bring it into our store or contact our Customer Service Team 01189 782 555 or sales@hycon.co.uk. We may ask you questions to help us determine if there is something wrong with the product. For example, we may want to inspect the product and we may ask you questions to help us understand how you have been using the product. If we do this, you must allow us the opportunity to inspect the product and you must give us any details we request about the flow rate and pressure in the hydraulic circuit where you are using the product, and the way the product is used within the hydraulic circuit, when we request them.
Your rights and remedies if you are a consumer.
We honour our legal duty to provide you with products that are as described to you on our website or in our catalogue, and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us.
Summary of your key legal rights
The Consumer Rights Act 2015 says goods (i.e., the products we sell) must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
We warrant that on delivery the product(s) shall:
Unless an exception applies (see Exceptions to business customers' warranty.) if:
We will not be liable for a product's failure to comply with the business customer warranty (see Your rights if you are a business.) if:
We can stop providing a product and withdraw it from our website or our catalogue at any time.
We can end our contract with you.
We can end our contract with you for a product and claim any compensation due to us if:
If you are a consumer, how we use any personal data you give us is set out in our Privacy Notice.
You have several options for resolving disputes with us.
Our Customer Service Team: on telephone number 0118 978 2555 or by email to sales@hycon.co.uk will do their best to resolve any problems you have with us or our products, as per our Complaints policy which is available on our website.
You can go to court.
These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland, or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer, we can claim against you in the courts of the country you live in. If you are a business, you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.
Other important terms apply to our contract.
We are Hycon Limited (registered in England and Wales with company number: 03316060). Our registered office address is at Wyvols Court Basingstoke Road, Swallowfield, Reading, Berkshire, England, RG7 1WY. Our VAT number is GB642234366. You can find everything else you need to know about us and our products on our website www.hycon.co.uk in our catalogue or from our sales staff before you order. We also confirm the key information to you in writing before or after you place your order (depending on how you purchase product(s) from us) either by email, in your online account or on paper.
We don't give business customers all the same rights as consumers.
For example, business customers can't cancel their orders, they have different rights where there is a problem with a product, and we don't compensate them in the same way for losses caused by us or our products. We have clearly stated where a term applies just to businesses or just to consumers. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft, or profession, even if you are an individual.
If you are a business customer this is our entire agreement with you.
If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
We only accept orders when we've checked them.
We will confirm we have received your order. We will then contact you to confirm we've accepted your order, unless we reject your order for any reason in which case we will contact you to let you know (see clause 5 below).
Sometimes we reject orders.
Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because a credit reference we have obtained is unsatisfactory because you are a consumer located outside the UK (we only supply to customers outside the UK who are business customers) or because the product was mispriced by us. When this happens, we let you know as soon as possible and if applicable refund any sums you have paid.
We may also offer you an alternative product if, for example, the product you have ordered is out of stock or has a long ‘lead time’ (see clause 9 and clause 35.3). If we do this and you accept the alternative product, this contract will be amended to apply to the alternative product instead. If you do not accept the alternative product, you can either wait for the original product (if applicable) or terminate the contract.
The price of the product(s) shall be the price notified to you (on the website, over the telephone, by email or on social media) when you place your order. A full price list is available by email on request but please note that this is an extremely large file so not all systems will accept the file size. Please contact us if you would like any further information about pricing.
We charge you when you place your order, or we supply your product to you.
When we charge you will depend on whether you are a business customer or a consumer and, if you are a business customer, whether you have an account with us. If you are a business customer and have an account with us, you may have a credit limit which means we will charge you when we supply your products to you. For all other customers, we will charge you when you place your order. You will own the product(s) once we have received payment in full.
If you are a business customer with an account and you have a credit limit, we can invoice you for the product(s) on or at any time after the completion of delivery.
You must pay each invoice we submit within 30 days of the date of the invoice (or, if we have agreed different credit terms with you in writing when you set up your account, in accordance with those credit terms), in full and cleared funds to the bank account we nominate in writing to you.
If the price of the product(s) you order exceeds your credit limit, we may charge you when you place your order, or before delivery of the product(s), instead of invoicing you after delivery.
If your credit is overdue on your account, we may suspend supply of our products to you until you have settled your account. This clause 8.3 is in addition to, and does not limit our right to charge interest on overdue payments under clause 13.
Delivery dates are estimates only.
If we quote a delivery date when you place your order, that date is an estimate only and is not guaranteed. Some products may not be available immediately when you order them but can be pre-ordered, so may have what we call a ‘lead time’. Where products have a lead time, we will update you when we know when they are likely to be delivered, but those dates will still be estimates and are not guaranteed.
If you are a business customer based outside the UK, part of the contract will be governed by the INCOTERMS 2020. If you are a business customer based outside the UK, we will rely on INCOTERMS 2020 to govern the relevant parts of the contract between us. The INCOTERM 2020 which will apply will be stated Customs Declaration CN23 when you place your order. In the circumstances where a provision of these terms and conditions conflicts with the relevant INCOTERM 2020, the relevant INCOTERM 2020 will prevail but the remainder of these terms and conditions will remain in full force and effect.
If you are a business customer, risk in the product(s) passes on delivery.
If you are a business customer, risk in the product(s) passes to you on completion of delivery.
If you are a business customer, you have no set-off rights.
If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
We charge interest on late payments.
If we're unable to collect any payment you owe us, we charge interest on the overdue amount at the rate of 3% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
We pass on increases in VAT.
If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
We're not responsible for delays outside our control.
If our supply of your product is delayed by an event outside our reasonable control, we will contact you as soon as possible to let you know and do what we reasonably can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial, you can contact our Customer Service Team: by phone on 01189 782 555 or via email to sales@hycon.co.uk, to end the contract and receive a refund for any products you have paid for in advance, but not received, less reasonable costs we have already incurred.
Products can vary slightly from their pictures.
A product's true colour may not exactly match that shown on your device or in our catalogue or its packaging may be slightly different.
You're responsible for making sure your measurements are accurate.
If we are making or supplying a product to a drawing, design, specification and / or measurements provided by you, you are responsible for making sure those measurements are correct. Contact our Customer Service Team if you need to talk to us about any measurements: 01189 782 555 or sales@hycon.co.uk.
If we are making or supplying a product to drawing, design, specification and / or measurements provided by you, you need to make sure you have the rights and permissions to enable us to do that.
If you are a business customer, you must pay us for all losses we suffer or incur in connection with any claim made against us that we have violated someone else’s rights (for example, intellectual property rights) by making or supplying a product based on your drawing, design, specification and / or measurements.
We charge you if you don't give us information we need.
We may charge you additional sums if you don't give us information, we've asked for to enable us to supply the product(s) to you or if you don't do preparatory work (e.g., for installation) as agreed with us.
If you ordered the incorrect product(s) and wish to return the product(s) you ordered,
we may (at our discretion) accept the return of those incorrect product(s). If we do accept return of those product(s), we will charge a minimum administration fee of 15% of the price of the product(s) and we will refund the rest of the price to you by way of credit note only. If you are a consumer, this clause will only apply after your right to change your mind has expired (see Your legal right to change your mind).
If you are a consumer and you bought online, over the telephone, by email or by social media you have a legal right to change your mind.
Your legal right to change your mind.
For most of our products bought by consumers online, over the telephone, by email or over social media, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. You have 14 days to change your mind and cancel the contract and if you do, you must pay the costs to return the product(s) to us. This right is subject to some conditions, as set out below.
When you can't change your mind.
You can't change your mind about an order for:
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
- products that are made to your specifications or are clearly personalised.
- products that are likely to deteriorate or expire rapidly (for example, power packs will be contaminated once they are run); and
- products which become mixed inseparably with other items after their delivery.
If you are a consumer and you change your mind about a product bought online, by email order, over the telephone or on social media, you must let us know no later than 14 days after the day, we deliver your product(s). If the product(s) are for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.
How to let us know.
To let us know you want to change your mind, contact our Customer Service Team on 01189 782 555 or at sales@hycon.co.uk, or in writing to us at Hycon Limited Units 22-25, Kingsclere Business park, Kingsclere RG20 4SW. Alternatively, you can fill in the cancellation form which is available online at www.hycon.co.uk, in a versioin we have emailed to you (if applicable), in the version at the back of our catalogue. You can send the form to us by post or email at the details in this clause.
You must return the product at your own cost.
If you exercise your right to change your mind, you must return the product(s) to us within 14 days of your telling us you have changed your mind. You must pay the costs of returning the product(s) to us. You can:
- bring the product(s) to Hycon Limited, Units 22-25 Kingsclere Business Park, Kingsclere, Newbury, RG20 4SW (find our address at: www.hycon.co.uk You will need your email receipt and the card you paid with.
- send the product back to us, using an established delivery service. If you do this, you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the product(s) at all or within a reasonable time, we won't refund you the price.
We only refund standard delivery costs.
We don't refund any extra you have paid for express delivery or delivery at a particular time.
We reduce your refund if you have used or damaged a product.
If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the packaging is damaged, or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team: on 01189 782 555 or at sales@hycon.co.uk can advise you on whether we're likely to reduce your refund.
When and how we refund you.
If the product(s) haven't been delivered to you at the time you change your mind, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. If you are sending the product(s) back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment. We don't charge a fee for the refund.
You have rights if there is something wrong with your product.
Return the product to us.
If you think there is something wrong with your product, you must either bring it into our store or contact our Customer Service Team 01189 782 555 or sales@hycon.co.uk. We may ask you questions to help us determine if there is something wrong with the product. For example, we may want to inspect the product and we may ask you questions to help us understand how you have been using the product. If we do this, you must allow us the opportunity to inspect the product and you must give us any details we request about the flow rate and pressure in the hydraulic circuit where you are using the product, and the way the product is used within the hydraulic circuit, when we request them.
Your rights and remedies if you are a consumer.
We honour our legal duty to provide you with products that are as described to you on our website or in our catalogue, and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us.
Summary of your key legal rights
The Consumer Rights Act 2015 says goods (i.e., the products we sell) must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
- up to 30 days: if your goods are faulty, then you can get a refund.
- up to six months: if your goods are faulty and can't be repaired or replaced, then you're entitled to a full refund, in most cases.
- up to six years: if your goods do not last a reasonable length of time, you may be entitled to some money back.
- If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all your money back.
We warrant that on delivery the product(s) shall:
- conform in all material respects with their description and any relevant specification.
- be free from material defects in design, material and workmanship.
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
- be fit for any purpose held out by us.
Unless an exception applies (see Exceptions to business customers' warranty.) if:
- you give us notice in writing within a reasonable time of discovery that a product does not comply with the business customer warranty;
- we are given a reasonable opportunity of examining such product and / or you give us, on request, the opportunity to check the application of the product (i.e. how you are using it), including by giving us any details we request about the flow rate and pressure in the hydraulic circuit where you are using the product, and the way the product is used within the hydraulic circuit, when we request them; and
- you return such product to us at your cost, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by us.
We will not be liable for a product's failure to comply with the business customer warranty (see Your rights if you are a business.) if:
- you make any further use of such product after telling us it is non-compliant.
- the defect arises because you failed to follow our oral or written instructions (including any manufacturer’s instructions or specifications we provide to you relating to the product) as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice.
- the defect arises because we followed any drawing, design or specification supplied by you.
- you alter or repair or dismantle the product without our written consent; or
- the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
- Changes we can always make. We can always change a product:
- to reflect changes in relevant laws and regulatory requirements. If the change is significant then we will contact you to let you know, and offer you the chance to cancel the contract and receive a refund for products you have paid for but won’t receive; and
- to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the product.
- Changes we can only make if we give you notice and an option to terminate. We can also make the following types of change to the product or these terms, but if we do so we'll notify you and you can then contact our Customer Service Team: on 01189 782 555 or at sales@hycon.co.uk to end the contract before the change takes effect and receive a refund for any products you've paid for in advance, but won't receive.
- We may adjust the price of our products and may allow you to terminate if we do. Some products may not be available immediately when you order them but can be pre-ordered, so may have what we call a ‘lead time’. The nature of these products means the price of them may change between the date you place your order and the date they products are delivered to you. If the price increases, we will let you know and offer you the right to terminate the contract.
We can stop providing a product and withdraw it from our website or our catalogue at any time.
We can end our contract with you.
We can end our contract with you for a product and claim any compensation due to us if:
- you don't make any payment to us when it's due and you still don't make payment within 14 days of our reminding you that payment is due; or
- you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product, for example, details of where we should deliver the product to or specifications for a product you want us to manufacture for you.
- Our liability to consumers. We're responsible for losses you suffer caused by us breaking this contract unless the loss is:
- Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
- Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're not responsible for delays outside our control.
- Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own possessions or equipment, which was caused by a product we supplied and which you could have avoided by correctly following the instructions for installation or use provided with the product.
- A business loss. Where you have purchased a product as a consumer, we are not liable for any loss you suffer in connection with your trade, business, craft or profession.
- Our liability to businesses. If you're a business, then, except in respect of the losses described in Losses we never limit or exclude.:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us;
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under that contract; and
- if we fail to deliver the products, our liability shall be limited to the costs and expenses you incur by obtaining replacement products of similar description and quality in the cheapest market available, less the price of the products. We shall have no liability for any failure to deliver the products to the extent that such failure is caused by your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the products.
- Losses we never limit or exclude.
Nothing in these terms shall limit or exclude our liability for any matter in respect of which it would be unlawful for us to exclude or restrict liability, including:- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- defective products under the Consumer Protection Act 1987.
- No implied terms about goods.
Except to the extent expressly stated in Your rights if you are a business., we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.
If you are a consumer, how we use any personal data you give us is set out in our Privacy Notice.
You have several options for resolving disputes with us.
Our Customer Service Team: on telephone number 0118 978 2555 or by email to sales@hycon.co.uk will do their best to resolve any problems you have with us or our products, as per our Complaints policy which is available on our website.
You can go to court.
These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland, or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer, we can claim against you in the courts of the country you live in. If you are a business, you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.
Other important terms apply to our contract.
- You can only transfer your contract with us to someone else if we agree to this. If you're a consumer we may not agree if it may be difficult for us or detrimental to us to agree. If you're a business, you need our agreement to transfer your contract with us and it's entirely up to us whether we give it.
- Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
- If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
- Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
- Any reference to “in writing” in these terms and conditions includes email.
- If you are a business customer, any variation of this contract only has effect if it is in writing and signed by both you and us (or our respective authorised representatives).
- 42.1.7 If you are a business customer, any notice given by one of us to the other under or in connection with this contract must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service to the other party’s registered office address (or, if there is no registered office address, their principle place of business), or email to the email address sales@hycon.co,uk, and will be deemed to have been received:
- if delivered by hand, at the time the notice is left at the proper address (unless such time is before 09:00am or after 05:00pm on a working day, or on a non-working day, in which case it shall be deemed to have been delivered at 09:00am on the next working day).
- if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
- if sent by email, at 9.00 am the next working day after transmission.
The provisions of this clause 42.1.7 shall not apply to the service of any proceedings or other documents in any legal action.
