Online Terms & Conditions
Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and you warrant that all data provided by you is accurate and up to date. You are responsible for maintaining and promptly updating account information for accuracy and completeness.
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Cherry Country Hardware will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
The intellectual property rights in all software and content made available to you on or through this Website remains the property of Cherry’s Country Hardware or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Cherry’s Country Hardware and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Cherry’s Country Hardware or its licensors. asSeenonScreen.com™ and Cherry’s Country Hardware.com™ are trade marks belonging to Cherry’s Country Hardware. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of Cherry’s Country Hardware.
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Charges notice for further information.
Terms of Sale
In order to contract with Cherry’s Country Hardware you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Cherry’s Country Hardware retains the right to refuse any request made by you, and Cherry’s Country Hardware reserves the right to close your Cherry’s Country Hardware account at its sole discretion. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Cherry’s Country Hardware or may in some cases be a third party. Where a contract is made with a third party Cherry’s Country Hardware is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes. All orders are subject to product availability and limited stock. If the product that you have ordered is not available from stock, you will be contacted via email and will have the option to either wait until the item becomes available or the right to cancel your order. We will verify your payment information with your card issuer before your order is dispatched. Failure to provide the correct billing information or correct card security information will delay your order. Please ensure that the billing address provided is the address registered with your card issuer. The card security code from the back of your card is required with all orders. All orders are subject to satisfactory security checking. Please be aware that some of the goods sold through our Websites may not be suitable for children under 18 years of age, so please take extra care when purchasing goods as gifts, for under 18’s.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Cherry’s Country Hardware and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Cherry’s Country Hardware’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law. All dealings between you and Cherry’s Country Hardware ltd will be governed by the laws of England and Wales in the courts of England and Wales shall have exclusive jurisdiction over all matters arising pursuant thereto.
Website prices and payment
All prices are inclusive of VAT at the current rate and are correct at the time of entering the relevant information unless otherwise stated. Prices are liable to change at any time, but changes will not affect orders of which have been sent a Dispatch Confirmation. Our site contains a number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. If a products correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. Delivery charges will be applied during Check Out. Payment on the website cannot be made via cheque or cash only by a valid credit or debit card. We accept all major credit and debit cards except American Express. All orders are billed in Pounds Sterling.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Shipping
Returns and Refund Policy
Please check the condition of your parcel on delivery prior to signing for acceptance. In the event that goods are incorrect, missing or damaged on arrival please specify against your signature and inform us immediately, within 3 working days. Please note failure to record any damage at the time of signing for it will result in subsequent claims for damaged goods being refused. Once signed for this is accepted as Proof of Delivery, confirming all goods have arrived safely with no damages. Claims of damage must be notified to the company within 3 days of delivery. Claims of damage cannot and will not be accepted outside of these time limits, all original packaging must be retained for investigation. Claims for non delivery must be made within 7 days of receipt of the dispatch confirmation. Refunds or exchanges are made in accordance with the Consumer Contracts Regulations 2013. Under this regulation, you have 28 days from the day following receipt of your goods to return them, even if you simply change your mind about your purchase. If you wish to return an item you do so at your own expense, unless the item is faulty; the item must be unused and in its original condition including all tags where applicable. When trying on goods that may be returned please take care. Once goods are soiled or the tags removed they cannot be considered for exchange or credit. If goods have been tampered with or deliberately modified they also cannot be considered for exchange or credit. Consumer Contracts Regulations 2013, allows us to make a reasonable deduction from the refund if the item has diminished in value by the handling of them beyond what is necessary to establish their nature, characteristics, and function.
Our policy is that faulty goods under a 1-year warranty must be returned to our store for an evaluation and inspection with a valid proof of purchase, once confirmed as faulty the postage incurred within the UK will be reimbursed at Standard Royal Mail Rates with a repair, exchange or a refund of the goods. The cost of returning non-faulty goods is not covered under warranty and must be met by yourself. We will, send out any repaired or replaced goods free of any carriage charge. If faulty footwear is being returned to the store, please ensure that they have been cleaned of excess mud first – for Health & Safety reasons we are unable to process any dirty products.
The following is a quick guide to our returns policy:
- You have 28 days to return a non-sale item to us; items must be in their original packaging, unworn and not damaged. A full refund for the item or exchange will be given.
- You have 14 days to inform us of your intended return of a sale item to us for a full refund, and then 14 days to return this to us; items must be in their original packaging, unworn and not damaged. A full refund for the item or exchange will then be given.
- If an item is faulty on arrival you have 3 days in which to contact us for a full refund or exchange. If an item is faulty you will be reimbursed your postage back to us, usually, you will be sent a returns label by us from either Royal Mail or DPD. Items deemed faulty after this period will be dealt with on a case by case basis in consultation with manufacturers.
- If a parcel looks damaged on arrival please do not sign for it; instead, refuse the parcel as damaged during posting.
If you wish to return an item after these periods you must seek authorisation in writing by email.
Please note where the outer packaging is not present and labels and tape have been attached directly to the item (product boxes should be covered by a bag) we will charge a 20% fee for damage made to the product’s packaging.
Hire Terms & Conditions
- In these conditions Cherry’s Country Hardware Ltd are referred to as “the Owners”.
- The Hirer during the continuance of the hiring shall not sell or offer for sale, mortgage, pledge, lend or otherwise deal with or part with the possession of the machine.
- The Hirer agrees:-
- That he has received the machine with all or any guards or covers in position and in good condition and free from defects or damage (except as shown in the schedule) and he acknowledges that the Owners have no liability in respect of injury, loss or damage arising from the use of the machine.
- The machine remains the property of the Owners at all times.
- That the Hirer will not interfere with or adjust the machine in any way but upon any fault occurring shall immediately inform the Owners who shall, without delay, repair or replace the machine provided that the Hirer shall keep the Owners indemnified against all loss and damage to the machine caused by negligence or wilful misuse by the hirer, his servant, or agent.
- To return the machine to the Owners at the end of the hire in the same condition that it was in at the commencement of the hiring. A charge of £20.00 will be added to the hire charge if the machine is returned in an unacceptable and dirty condition.
- To indemnify the Owners against any loss suffered by the Owners in consequence of any damage, fire or theft to or of the machine and nay claims made by any person in respect of the machine whilst it is in the custody of the hirer.
- The Owners may determine the hiring at any time by giving seven days’ notice to the hirer in writing and upon termination the Owners may take possession of the machine and for this purpose may enter upon the premises where the machine is installed. The termination by the Owners shall not affect the right to recover damages for any breach of this agreement before the termination.
- Customers not known by Cherryhire staff will be asked to provide proof of identification, i.e. driving license/passport and a utility bill showing your current address.
- A deposit will be required in the form of credit/debit card detail or cash. The minimum deposit required is £30.00 (this figure is dependent on equipment required).
- Delivery & collection charges will be quoted on application.
- All prices quoted are subject to VAT at the current standard rate.
- It is the customer’s responsibility to ensure all equipment is insured against damage and theft.