Terms and Conditions for Paul Hynes Design Ltd

 

Introduction

These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, Paul Hynes Design Ltd accessible at http://www.paulhynesdesign.com/.

These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.

 

Intellectual Property Rights

Other than the content you own, under these Terms, Paul Hynes Design Ltd and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

 

Restrictions

You are specifically restricted from all of the following:

  • publishing any Website material in any other media;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • using this Website to engage in any advertising or marketing.

 

Certain areas of this Website are restricted from being access by you and Paul Hynes Design Ltd may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and should not be shared.

Your Content

In these Website Standard Terms and Conditions, "Your Content" shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Paul Hynes Design Ltd a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. Paul Hynes Design Ltd reserves the right to remove any of Your Content from this Website at any time without notice.

Limitation of liability

In no event shall Paul Hynes Design Ltd, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  Paul Hynes Design Ltd, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification

You hereby indemnify to the fullest extent Paul Hynes Design Ltd from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

 

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

Paul Hynes Design Ltd is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

 

Assignment

The Paul Hynes Design Ltd is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

 

Entire Agreement

These Terms constitute the entire agreement between Paul Hynes Design Ltd and you in relation to your use of this Website, and supersede all prior agreements and understandings.

 

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the United Kingdom, and you submit to the non-exclusive jurisdiction of the state and local courts located in the United Kingdom for the resolution of any disputes.

Paul Hynes Design Ltd purchasing terms and conditions.

 

By using the website to consume content or buy products online, you confirm that you are at least 18 years old, are not under any disability which would impair judgement or use of the website or products, that you have read and understood these terms and conditions and agree to be bound by them.

 

Comments

This website allows comments on specific articles or pages, but all comments will be monitored and will be displayed at the sole discretion of Paul Hynes Design Ltd.

 

Ordering

By completing and submitting an electronic order form, you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. Please note that orders will not be processed until we have authorisation from your payment card issuer. We will not be liable if there is a delay, and we will not accept your order if payment is not authorised.

 

We do not have to accept your order, and for example, we will not accept your order if:

  • Your payment is not authorised

  • There is an error on our website regarding the price or other details of the products

  • You have cancelled your order

We reserve the right to refuse any order.

International Sales

(a) If you are importing any of our goods you acknowledge that you are solely responsible for compliance with importing laws and requirements of the country to which the goods are shipped and this is entirely at your own expense and risk.

(b) In addition to the purchase price of the goods you accept full responsibility for any and all third party handling charges, additional insurance you may require, import duties, and any other fees, liabilities and tax/duty costs, which may arise or apply to your order and transportation.

(c) Whilst we will do all we can to assist (e.g. special packaging etc which may involve extra payment by you to us) we will not be responsible for any non-delivery or import duty charged or any fines or impositions as a result on any import or attempted import.

Cancellation 

(1) When you order goods as a consumer (in accordance with the meaning ascribed in s12 of the Unfair Contract Terms Act 1977) from our website then you have certain legal rights including those under the Consumer Protection (Distance Selling) Regulations 2000(as amended). This means that you can cancel most orders made via our website within 14 days and we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 30 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will incur any fees (e.g Bank and/or PayPal as a result of such reimbursement.  Paul Hynes Design Ltd will charge a flat rate administrative fee of £45.00 per cancellation.

(2) As explained above, consumers can cancel most orders made via our website within specified time limits. However, under the Distance Selling regulations, particularly Regulation 13, this right does not apply to all goods. For example, any bespoke goods cannot be cancelled in this way and refunds will be at the discretion of Paul Hynes Design Ltd.  Any refund agreed may be subject to a charge for materials specifically purchased to fulfill your order.

Pricing and payment

1) The price of the goods is as displayed on our website at the time of purchase.
(2) We reserve the right to increase prices without prior notice, subject to 4(1) above.
(3) All prices are in GBP Sterling and exclude VAT (where applicable) and other charges, unless expressly stated otherwise. Packing and delivery costs will be added to the total price of your purchase.
(4) Payment for goods must be made on receipt of our invoice. We accept payment by Paypal and Bank Tranfers.  
Both payment options of PayPal transaction and Bank Transfer will incur additional charges. Currently PayPal charges between 2.9% and 5.5%, with Bank Charges ranging from £6 to £15.

(5)Please note if ordering a bespoke product then payment is required to be made by Bank Transfer only
(6) We deem payment received and cleared when it has been processed and either transferred to and reached our account or authorised by your payment provider as we, at our discretion, determine.
(7) Orders are processed when we have cleared payment. The title in any goods will not pass to you until we have received full payment.

 

Delivery information

Please see individual product sales pages for information about delivery and shipping charges, where applicable.

 

We will email you as soon as your order has been shipped, and will advise of the shipping method at that time and provide you with the relevant tracking number.

We will use all our reasonable endeavours to complete any supply goods within any time estimate that we give. However, we will not be liable for any losses whatsoever because of any delay.

 

Liability Disclaimer

(1) Goods are offered with a 30 day RTB warranty to allow time for your purchase to be tested at home, along with a 3 year guarantee subject to the products being installed and used accurately, and correctly by a professional and/or competent person at all times.
(2) To the extent that the law allows we are not responsible for any loss, incidental or consequential damage, or loss arising out of purchase, any use, errors, mistakes, accident, theft or fraud, destruction, or any part of the supply of goods or use of our website.
(3) In the unlikely event that we would be held liable for anything whatsoever then, to the extent that the law allows, any aggregate liability whatsoever shall be limited to 100% of the amount paid by you for the goods involved in the incident or series of related incidents.
(5) We take all reasonable precautions to keep order details secure, but we cannot be held liable for any losses caused as a result of unauthorised access to information you provided
(6) You are responsible for providing, accurate, correct and up-to-date information and we will not be held responsible for any losses whatsoever in this regard.
(7) We do not intend to affect your statutory rights as a consumer.

Responsibility and Misuse

1) You agree that you will solely be responsible for your use of any goods provided to you and that you will use the products legally and only for the purposes that they are intended to be used for and at all times in accordance with any manufacturer's instructions, advice, suggestion and information and will not misuse them nor use them negligently.
(2) It is your responsibility to ensure that all products are suitable for your use.
(3) You specifically accept that effectiveness of any goods will also be dependent on correct and effective use, storage, inspection and periodic routine maintenance.
(4) You specifically agree that we have no liability and furthermore you will indemnify us for any loss resulting in any breach of this clause.

Your Information and Data Protection

You are responsible for ensuring that any information you provide is accurate, correct and up-to-date. For example your contact phone number and email address in the event we or our couriers need to contact you about an order. Any information we hold will be stored and used in accordance with the current Data Protection Act and other relevant legislation Scotland. 

Force Majeure

We shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to, acts of God, pandemics, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the we shall be entitled to a reasonable extension of its obligations.

Invalidity

Each clause or any part at all of this agreement is to be regarded as independent of the others. This means that should any clause or any part at all of this agreement be found to be unenforceable or invalid it will not affect the enforceability or validity of the rest of this agreement.

Queries, complaints, notices

(1) Complaints must be in writing to and we aim to respond to any queries or complaints within 7 working days. If any complaint may amount to a breach of any term herein then you must allow us 30 days to remedy that breach.
(2) Any notices for Paul Hynes Design Ltd must be in writing to our registered office and for you, your address on your last order.
(3) Notices will be deemed to have been received on the 7th day after posting using Royal Mail 1st class service provided that a duly stamped proof of posting is obtained from Royal Mail.