Terms & Conditions

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Order Acceptance And Price

Cancellation By The Buyer

You have the right to cancel the Contract any time up to 14 days after receipt of delivery of the Goods without giving any reason.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email). You may use our cancellation form (see below) but it is not obligatory. Notifications by email must be sent to [email protected]. Notifications by post must be sent to to C.P. Hart & Sons Limited Unit 40 Charles Park Claire Causeway Crossways Business Park Dartford Kent DA2 6QA. Alternatively, you may use the form set out in our Returns Procedure (see below) and send it to us duly completed and signed by post or email. We advise you to include your order number in your notification to avoid delay.

If you cancel the contract and the goods have already been despatched, you must return them to us in saleable condition in the original packaging with a copy of the sales order and a returns number included, at your own expense and risk. We recommend using a recorded mail service to help minimise the risk. Please return the goods to the following address: C.P. Hart & Sons Limited Unit 40 Charles Park Claire Causeway Crossways Business Park Dartford Kent DA2 6QA. You have a legal duty to return the Goods to us within 14 days of you notifying us of cancellation.

On receipt of the Goods we will refund the cost of the Goods and any outward bound delivery costs paid using the original payment method. If the Goods, after return, show signs of use or of installation having been attempted or of handling beyond what is reasonably necessary simply to inspect and assess the goods, then we have the right to deduct money to reflect any diminishing in value of the Goods up to the total amount you paid originally for the Goods. You are only liable for any diminished value of the goods resulting from handling of the Goods.

If the Goods have not yet been dispatched, we will cancel your order and refund the cost of the Goods by the original payment method immediately.

We will make the reimbursement without undue delay and not later than (a) 14 days after the day we receive back from you any Goods supplied (b) (if earlier) 14 days after the day you provide evidence that you have returned the Goods or (c) if there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

The right to cancel/ return Goods set out above does not apply to Goods supplied to your specific specification and which have been made to order or which have been personalised. Our Direct Sales team will contact you if this applies to an item(s) in your order to ensure you are comfortable proceeding with your order on this basis.

Any Goods that you return to us are returned at your own risk, therefore we strongly advise you to take care when returning Goods to us by ensuring that the Goods are correctly addressed, appropriately packed, insured if necessary and that they are delivered by a reputable carrier. Unless you are returning Goods to us because they are faulty or incorrect, you must bear the cost of returning the Goods.

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Delivery

Any indication given by us as to the date for delivery of goods, is given as an estimate only. No liability whatsoever is accepted by us in respect of late deliveries. Please do not commence any installation work, book plumbers or other tradespersons until the Goods have been received and thoroughly checked for damage or discrepancies.

Goods are subject to availability. Delay in delivery of goods is beyond our control because delivery of goods is dependent on carriers/logistics. Delivery schedules cannot be guaranteed and any dates for the delivery of Goods we indicate are approximate only. Buyers are advised to only commit to an installation schedule once the Goods have been received and checked. We shall not be liable for any costs or other losses incurred by you, your agents or any other third party due to an installation schedule committed to by you prior to the Goods being received and checked.

We shall have no liability whatsoever for any failure to perform or any delay in the performance of any of our obligations under the Contract arising wholly or in part by reason of any factor beyond our direct control.

We shall be entitled to make partial deliveries or deliveries by instalments. Each instalment shall be a separate agreement to which all the provisions of these conditions shall apply. Some orders may be delivered on a pallet. In this case, the pallet(s) will be left with you.

Signature of any note by you or your agent, employee or representative shall be conclusive proof of delivery.

You must within 3 days of delivery inspect the Goods and advise us of any damage for our investigation. Similarly, if there any items missing, you must confirm quantities of Goods supplied within 3 days of delivery. Subsequent claims for shortages or damage will not be accepted.

Risk of loss or damage to the Goods passes to you at the time of delivery including in the case of Goods which you have requested us to leave unattended at your requested delivery address because you are unable to take receipt of Goods and sign for the Goods.

Notwithstanding delivery and the passing of risk, property in and title to the goods shall remain with the seller until the seller has received payment of the full price of (a) all goods and/or services the subject of the contract and (b) all other goods and / or services supplied by the seller to the buyer under any contract whatsoever. Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and buyer.

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Returns Procedure And Cancellation Form

If you wish to cancel your contract with us in accordance with your rights under the Consumer Contracts Regulations 2013 (see Clause 2 above), to exercise your right you must inform us of your decision to cancel the contract by a clear statement which you can send to us either by post or by email (see clause 2 for the addresses). You may use the model cancellation form below if you wish, but it is not obligatory. Notice of intention to cancel must be received by us within 14 days from the date you or your agent receive the Goods.

Once you notify us of your intent to cancel, simply return the Goods with the original receipt and original packaging to us at Unit 40 Charles Park Claire Causeway Crossways Business Park Dartford Kent DA2 6QA within 14 days. Once we receive the Goods, we will provide you with a refund based on the original payment method within 14 days.Please note that you may not return the following, except in case of defect or lack of conformity:

1. Goods supplied to your specific specification and which have been made to order or which have been personalised. Our Direct Sales team will contact you if this applies to an item(s) in your order to ensure you are comfortable proceeding with your order on this basis.

2. Goods which are mixed inseparably with other items after delivery. If the Goods are damaged, we may offset the amount of your refund by the diminished value of the product.

Cancellation Form

Please send the below information in an email to [email protected].

We hereby give notice that we cancel our contract of sale of the following goods:

____________________ (insert details of goods)

Ordered on ______________ (insert date)

Your Name: _________________

Your address _________________

Your signature ________________

Address to which Goods should be returned:

If you wish to return goods to us in accordance with your rights under the Consumer Contracts Regulations 2013 (see Clause 2 above), they should be sent to the following address:

C. P. Hart & Sons Limited
Unit 40 Charles Park
Claire Causeway
Crossways Business Park
Dartford
Kent
DA2 6QA

Return of Goods because of a defect or lack of conformity:

If you wish to return Goods because of a defect or lack of conformity, the 14 day time limit does not apply. In the first instance, you should contact us by post or email and notify us of the details of the defect or lack of conformity indicating when you purchased the Goods and the details of your order number. We will then respond. We may request that you return the Goods to us for inspection and assessment or alternatively we may arrange for their collection at our expense. If we do so, then it is without prejudice to our right to return the Goods to you if your complaint is not upheld.

Showroom Sales

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Definitions

Price

Cancellation By The Buyer

Cancellation Charges

3. Cancellation Charges	Stock Products	Non-Stock Products / Specials **
Prior to delivery	No charge	Not cancellable
After delivery, in original condition	Collection & 25% admin charge	Not cancellable
After delivery, opened packaging	Not cancellable	Not cancellable

Payment

Delivery

1. Any time or date stated on a written quote or order, or given verbally, is given as an estimate only. Time for delivery of the Goods shall not be of the essence. Buyers are advised to only commit to an installation schedule once the goods have been received and checked. The Company shall not be liable for any costs or other losses incurred by the Buyer, their agents or any other third party due to an installation schedule committed to by the Buyer prior to the Goods being received and checked. Any failure to take delivery by the Buyer shall be deemed to be a breach of the Contract.
2. The Company shall be entitled to make partial deliveries or deliveries by instalments. Each instalment shall be a separate agreement to which all the provisions of these conditions shall apply. Signature of any note by an agent, employee or representative of the Buyer shall be conclusive proof of delivery. The Buyer must check the goods and advise the company in writing of any shortages within 48 hours of delivery, and any damages within 7 days of delivery for investigation. Installation of any product constitutes acceptance of the goods, and no claims for damage will be accepted after installation. Any queries concerning invoices should be notified to the Company within three working days of receipt of the invoice by way of email to [email protected]. Risk of loss or damage to the Goods passes to the Buyer when the Goods are accepted by the Buyer, or the Buyer’s representative or agent.
3. Subject to clause 4.1 and clause 4.2, the Buyer agrees to accept delivery of the goods or to collect the Goods on any agreed delivery or collection date and by no later than 3 months after the order required delivery date. In the event of the Buyer not accepting or not arranging collection of the Goods within this period, the Company reserves the right to charge reasonable costs and expenses, storage and insurance of the Goods at the rate of 5% of the total order value per month or part thereof from the end of such 3-month period.
4. If, after a period of 2 years from the earlier of (i) the order date or (ii) the agreed delivery or collection date, the Buyer has not accepted delivery of the Goods or arranged the collection of the Goods (whether or not the contract has been cancelled), delivery of the Goods shall be deemed to have been completed and the Company will be entitled (at its sole discretion) to resell or dispose of the Goods without any liability to the Company and without having to return or repay any value or deposit paid by the Buyer to the Company in relation to the Goods. The Buyer shall reimburse the Company in relation to any cost disbursed by the Company in connection with the resale or disposal of such Goods. For the avoidance of doubt, failure to take delivery also includes failure to collect the Goods and failure to accept delivery.
5. Notwithstanding delivery and the passing of risk, property in and title to the goods shall remain with the Company until the Company has received payment of the full price of (a) all Goods and/or Services which are the subject of the contract and (b) all other Goods and/or Services supplied by the Company to the Buyer under any contract whatsoever. Payment of the full price shall include, without limitation, the amount of any costs, expenses, insurance, interest or other sum payable under the terms of this and all other contracts between the Company and the Buyer.
6. If a delivery cannot be completed as scheduled due to a breach of these T&Cs by the customer or appointed agent, then a redelivery charge of £70 may be applied and need to be paid prior to any redelivery attempt.
7. Collections from C.P. Hart premises- Customers are responsible for inspecting all items at the point of collection. Any shortages or damages must be reported immediately. C.P. Hart accept no liability for goods once they have been collected and our responsibility ends upon delivery to the customer.
8. For any export order where delivery is made to a UK address for onward shipment by the Buyer, the Company’s responsibility for the Goods shall cease once delivery has been made to that UK address. The Company shall have no liability for loss or damage after delivery to the UK address. It shall be the Buyer’s sole responsibility to prove, with clear photographic and documentary evidence, that any alleged damage occurred prior to or at the point of delivery to the UK address.
9. All C.P. Hart deliveries are strictly kerb side only. While our drivers will make every effort to get the goods as close to the property as possible, we cannot guarantee delivery beyond the kerb. Drivers will not enter a property under any circumstances. It is imperative that there is adequate support on-site to receive delivery. Failure to have personnel available to receive the goods may result in delays or additional charges as outlined in section 5.6.
10. The customer is responsible of advising C.P. Hart of any access/parking restrictions that may prevent delivery. If restrictions are not advised prior to delivery this could result in a re-delivery fee as outlined in section 5.6.

Warranty and Liability

1. C.P. Hart offers comprehensive advice on the products supplied, however the Company shall not be held liable for the suitability of Goods, as full installation details cannot be determined at the point of sale. Any advice, recommendation, or guidance provided by the Company is for general information only. We recommend that all fittings purchased for installation should be confirmed to be suitable by the Buyer’s installer. It is the Buyer’s responsibility to verify accuracy and suitability of products prior to purchase or installation. Please refer to 2. Cancellation by the buyer and 3. Cancellation charges.
2. The Company shall, at its sole discretion, remedy any defect in the Goods arising under normal use within 12 months of delivery by repair, replacement, or reimbursement, provided that written notice of the defect is given promptly. The Company shall have the right to repair the Goods in the first instance, and the provision of a refund shall not be automatic or guaranteed.
3. Extended warranties beyond 12 months are the responsibility of the manufacturer. C.P. Hart is a retailer and relies on the expertise and technical advice of manufacturers, whether products are in or out of warranty. Manufacturer warranties apply separately, and it is the customer’s responsibility to apply for any extended warranties where applicable. C.P. Hart shall not be held responsible for any delays, refusals, or other issues arising from the manufacturer or for failure to apply for extended warranties.
4. The Company’s total liability, shall not exceed the total price paid by the Buyer for the goods giving rise to the claim. The Company’s responsibility is limited to the goods themselves and does not extend to their removal, reinstatement, or any associated costs. The Company shall not be liable for any consequential, indirect, or special loss, including removal or reinstallation costs, loss of profit, loss of business, or third-party claims. Installation of any goods shall constitute acceptance of their condition and suitability.
5. The liability of the Company is also subject to compliance by the Buyer with all the terms contained in this Contract.
6. The Company shall, in relation to the Goods and Services, have no obligation to the Buyer, other than the express obligations contained in these conditions or in any other document expressly incorporated in writing into the contract. Accordingly, it shall be for the Buyer to insure against any liability arising from the performance of the Services and from its use of the Goods.

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