Terms of service

 

Terms & Conditions of Sale

1.    Acceptance of Terms All orders accepted by HooGe Brands and all quotations accepted by you (the Purchaser) are subject to the following terms and conditions, which shall prevail over any other terms or conditions you may seek to introduce, unless otherwise expressly agreed in writing by one of our directors. We reserve the right to alter these terms and conditions at any time.

2.    Opening of Account Opening a credit account is subject to satisfactory trade references and a credit check, and is at the discretion of HooGe Brands.

3.    Payment

a) Payment must be made within the agreed payment terms unless written agreement has been given by HooGe Brands.

b) All payments not received when payable will be considered overdue. In such a case, we shall be entitled to charge interest at the rate of 8% plus the Bank of England base rate per annum from the time when such becomes due for payment until they have been paid in full.

c) We reserve the right to withdraw credit facilities and suspend deliveries if circumstances arise which, in our view, oblige us to do so.

d) The purchaser shall bear any bank charges.

4.    Discounts HooGe Brands does not offer settlement discounts.

5.    Delivery

a) Any date given by us for the delivery of goods is an estimate only, and we shall not be liable for any delay in delivery however caused.

b) We do not deliver goods outside our premises unless the invoice value (exclusive of VAT) of the consignment is more than £2,500.00 (UK only).

c) Orders are usually processed between 14-28 days and shipping options include road haulage, sea, or airfreight. Clients may also choose to collect their orders.

6.    Claims

a) We will, at our own cost and expense, repair and/or replace at our discretion any goods forming the subject of the Contract which are defective in quality, under delivered, or fail to comply with any specification laid down in the Contract, subject to the following conditions:

(i) You must give notice of any complaints or claim within three days of delivery to the destination agreed in the Contract.

(ii) Following notice of complaint or claim, we must be given a reasonable opportunity to examine the relevant goods.

(iii) For damage occurring during transit of which HooGe Brands is responsible, you must give written notice within three days of the date of delivery and comply with the carrier's conditions for notification of claims.

b) Except as mentioned above, we shall have no liability for any defect of quality, shortfall of quantity, breach of specification, or any other matter in relation to goods supplied or for any consequential damage incurred by you or any other party.

c) Any condition, warranty, or statement regarding the quality of the goods or their fitness for any purpose is deemed excluded unless expressly accepted in writing by us.

7.    Risk Risk of damage to or loss of goods supplied will pass to you:

a) In the case of goods collected from our premises, at the time of collection; or

b) In the case of goods delivered otherwise than at our premises, at the time of delivery.

8.    Retention of Title 8.1 Title to any goods supplied shall not pass to you until HooGe Brands receives payment in full (in cash or cleared funds) for:

a) The goods in question;

b) Any other goods that HooGe Brands has supplied to you; and

c) Any other payments owed by you to HooGe Brands.

8.2 Until title has passed, you shall:

a) Store the goods separately and ensure they remain identifiable as HooGe Brands’ property;

b) Maintain those goods in satisfactory condition and keep them insured against all risks;

c) Notify HooGe Brands immediately should you become subject to any insolvency event listed in Clause 9.

9.    Insolvency If you make any voluntary arrangement with creditors, become bankrupt, or go into liquidation, or a receiver is appointed over any of your property or assets, then HooGe Brands may cancel all existing orders or suspend further deliveries.

10.    Third Party Rights Nothing in this contract confers or purports to confer on any third party any benefit or right to enforce any term of this contract.

11.    Force Majeure

a) HooGe Brands shall not be liable for any failure to perform due to force majeure events, including but not limited to natural disasters, strikes, wars and armed conflicts, pandemics and disease outbreaks or government actions.

b) If performance is prevented or interfered with by force majeure, we shall be excused from such performance.

12.    General Provisions

a) Any notice under these conditions must be in writing and addressed to the other party at its registered or principal place of business.

b) No waiver of any breach shall be considered a waiver of any subsequent breach.

c) Should any provision be found void or unenforceable, the remaining provisions shall continue in full force and effect.

d) These Conditions and the Contract shall be construed according to English Law, and the parties submit to the non-exclusive jurisdiction of the Courts of England and Wales.

By placing an order, the purchaser acknowledges receipt and understanding of these Terms and Conditions, which govern all contracts between the purchaser and HBTG UK LTD (T/A HooGe Brands).