Terms & Conditions

 

TERMS OF USE

1.    ABOUT US

This website (the “site”) is operated by Pierce Protocols Limited (“we”, “us”, “our”), a limited liability company registered in England and Wales under company number 05613954. Our registered office is at 126-134 Baker Street, London, England, W1U 6UE and our VAT number is GB 880 0793 13.

We operate the website at 29-35 Lexington Street, London, W1F 9AH. You can contact us at  books@heni.com or on telephone number 0203 789 5008.

2.    ACCEPTANCE OF THESE TERMS

As the person accessing our site (“you”, “your”), your use of the site constitutes your acceptance of all provisions of these Terms of Use. If you do not agree to these terms, you must not use our site.

In addition to these Terms of Use, please read the following documents, which also govern your use of the site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and warrant that all data provided by you is accurate; and

  • Our Cookie Policy, which sets out information about the cookies on our site

    (together the “Policies”).

If you purchase goods from our site, our Terms of Sale will also apply to the sale.

We recommend that you print these Terms of Use, the Policies and our Terms of Sale for future reference.

We may revise these Terms of Use, the Policies and our Terms of Sale in the future. You should, therefore, review the relevant pages regularly to ensure that you are aware of any changes. 

3.    CHANGES TO AND USE OF OUR SITE

We may update and change our site from time to time, including making changes to the products available on it, and do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or part of our site without notice to you. We reserve the right to restrict the availability of all or part of our site at our discretion. We shall not be liable to you or any third party for any modification to or withdrawal of the site.

4.    ACCOUNT DETAILS

If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party.

We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use or the Policies.

If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at books@heni.com.

5.    INTELLECTUAL PROPERTY

We are the owner or the licensee of all intellectual property rights in the site and in the material published on it (including its layout, design and graphics). All such rights are reserved to us.

Except as permitted by law, you must not reproduce, distribute, transmit, disseminate or otherwise use in any way any material (or part thereof) on the site without first obtaining a licence to do so from us or our licensors (as the case may be). 

In any event, our status (and that of any identified contributors) as the owners of the intellectual property rights in the material on our site must always be acknowledged. 

If you use any material on our site in breach of these Terms of Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies or other infringing material so created. 

6.    LINKS TO OUR SITE

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.

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 to our site on any website that is not owned by you and you must not frame our site on any other website.

We reserve the right to withdraw linking permission without notice.

7.    LINKS TO OTHER SITES

Where our site contains links to other websites and resources provided by third parties, these links are provided for your convenience and information only. Such links should not be interpreted as endorsements by us of those linked websites. We have no control over the contents of those websites and disclaim any liability, and accept no responsibility, for the content of any website referred to or accessed through our site.

8.    OUR LIABILITY

The content on our site is provided for general information purposes only and should not be relied upon by you. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includesliability for death or personal injury caused by our negligence, our liability for fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law. 

We shall have no liability to you for any business loss including, without limitation, loss of business, income, revenue, profits, contracts, anticipated savings, business opportunity, data or goodwill or for business interruption or wasted expenditure.

9.    INDEMNITY

You agree to indemnify, defend and hold us, and our officers, employees, agents and suppliers, harmless immediately on demand from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach by you of these Terms of Use or the Policies and for any other liability incurred by us arising out of your use of this site.

10.    MISCELLANEOUS

If any part of these Terms of Use or the Policies is deemed unlawful, void or for any reason unenforceable, in whole or in part, then such part shall be deleted and the remainder of the terms shall remain in full force and effect. 

These Terms of Use, the Policies and their subject matter and formation (and any non-contractual disputes or claims) shall be governed by the laws of England and Wales. Any disputes relating to the Terms of Use or Policies shall be subject to the exclusive jurisdiction of the Courts of England and Wales. 

TERMS OF SALE

1.    ABOUT US

We are Pierce Protocols Limited (“we”, “us”, “our”), a limited liability company registered in England and Wales under company number 05613954. Our registered office is at 126-134 Baker Street, London, England, W1U 6UE and our VAT number is GB 880 0793 13.

We operate the website at 29-35 Lexington Street, London, W1F 9AH. You can contact us at books@heni.comor on telephone number 0203 789 5008.

2.    THESE TERMS

These are the terms and conditions on which we supply products to you via the online shop on our site. 

3.    PLACING AN ORDER

3.1    You may place your order requesting products from the site by clicking on the confirm order button at the end of the online order process. 

3.2    Once you have placed your order, we will send you an acknowledgment by email providing you with a customer order number and the cost of your order. Please note that this email does not constitute acceptance of your order by us. 

3.3    Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the cancellation procedures set out below, our acceptance of your order will take place when we notify you that we have dispatched the products ordered by you, at which point a contract will come into existence between you and us governed by these Terms of Sale. 

3.4    We may be unable to accept your order. This might be because an order is out of stock, we are unable to obtain authorisation for your payment or we identify a product or pricing error.  If, for whatever reason, we do not accept your order, we will notify you of this and will refund to you any amounts that you have already paid to us for the products. 

4.    OUR PRODUCTS

4.1    We have a legal duty to supply products that are in conformity with this contract. We will take all reasonable care to ensure that all details, descriptions, depictions and prices of products appearing on our site are correct at the time that the relevant information is entered onto the system. Although we aim to keep the site as up to date as possible, the information on the site at a particular time may not always reflect the position exactly at the moment you place an order.

4.2    Please note that the images of the products on our site are for illustrative purposes only. Whilst we make every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your products may vary from the images shown. 

5.    PRICE AND PAYMENT

5.1    All prices indicated for products available on the site are inclusive of VAT (where applicable) at the current rates unless otherwise stated and are exclusive of delivery charges and any customs or import duties or local taxes that may be payable. We are not responsible for any such duties or taxes that may be payable in respect of any products ordered. 

5.2    If the rate of VAT changes betweenthe date on which you place your order and the date on which we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect. 

5.3    It is possible that, despite our best efforts, some of the products on our site may be incorrectly priced. If the product’s correct price at the time of your order is higher than the price stated to you, we will contact you for instructions before we accept your order. If we accept and process your order where a pricing error could reasonably have been recognised by you as a mispricing, we may end the contract, refund to you any sums already paid and require that you return the products to us. 

5.4    Payment may be made by any of the methods specified on our site. You must pay for the products before we dispatch them to you. 

6.    DELIVERY OF PRODUCTS

6.1    The costs of delivery of the products will be as displayed to you on our site during the order process.

6.2    If no other time for delivery is agreed by us, we will deliver the products to you no later than 30 days after the date on which the contract is formed. Please note that any other delivery time agreed by us shall commence on the date on which we dispatch your products. Delivery will only be made once full payment for the products has been received from you. We are not responsible for any delays or additional charges resulting from destination customs clearance processes. 

6.3    If delivery is delayed by an event outside our control, we will contact you as soon as possible to let you know. Provided we do this, we will not be liable for delays caused by the event,but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

6.4    Orders shall be delivered to the address indicated by you at the time of ordering, save that we will only deliver to those countries found on the list shown on our site at the time of ordering and we do not deliver to P.O. boxes. We cannot be liable for any loss suffered by you as a result of you supplying us with incomplete or inaccurate delivery information. We are unable to redirect orders once the product has been dispatched.

6.5    In the event that no one is available at your address to take delivery, a notice shall be left informing you of how to rearrange delivery or indicating from where the products may be collected.  If you do not take delivery or collect the products within a reasonable time, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and charge you a reasonable amount by way of compensation for the costs that we incur as a result. 

7.    OWNERSHIP AND RISK

7.1    We will retain legal ownership of the products until we have accepted your order and full payment has been received from you. Legal ownership of the products will immediately revert to us if we refund any such payment to you. 

7.2    Risk in the products will pass to you when we deliver them to the address provided by you in your order.   

8.    CANCELLATION AND RETURNS

8.1    For most products purchased online, you have a legal right to cancel your order at any time prior to delivery or within 14 days of delivery having been made (starting with and including the day after you receive the products). This right, under the Consumer Contracts Regulations 2013, is explained in more detail in these terms. 

8.2    To exercise your right to cancel, please contact us at before the end of the 14 day period informing us of your wish to cancel and providing details of your name, address, contact details, customer order number, the date on which your order was placed and the products to be returned. You may use the cancellation form in the Schedule to these Terms of Sale, but you do not have to. Any notice given by you after the 14 day time limit will not be effective to cancel your order. 

8.3    If you cancel your order after the products have been dispatched to you (or at a time when it is too late for us to prevent them being dispatched), you must return them to us at Pierce Protocols Ltd, 29-35 Lexington Street, London, W1F 9AH or such other address as we may specify) by recorded delivery within 14 days of notifying us that you wish to cancel the contract. You must retain the recorded delivery receipt for your own purposes in order to provide proof to us that you have returned the products should this be required. You are responsible for ensuring that the products are adequately protected during transit, bearing in mind their nature and value. Products must be returned in a saleable condition.

8.4    We will pay the costs of returning the products to us if the products were faulty or misdescribedor if there is a material error on our part.  In all other circumstances, including where you are exercising your right cancel set out in this clause, you must pay the costs of return.

8.5    If you exercise your right to cancel, we will refund you the price you paid for the products, including delivery costs but subject to any applicable deductions as described in clause 8.6. The refund will be made to you by the method you used for payment. 

8.6    In calculating the amount to be refunded to you:

(a) the maximum amount that we will refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.  

(b) we may make deductions to reflect any reduction in the value of the products that is the result of unnecessary handling of the products by you. If we make the refund to you before we are able to inspect the products and later discover that you have handled them unnecessarily, you must pay us an appropriate amount.  

8.7    We will process any refunds due to you within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us in accordance with these Terms of Sale. We will notify you by email once your refund has been processed. 

8.8    Nothing in this clause affects any of your rights to reject products other than in accordance with your right to cancel under this clause. If you wish to exercise a right to reject the products, you must notify us and return the products to us in accordance with clause 8.3. 

9.    COMPLAINTS

If you have any questions or complaints about the products or our services please email us atbooks@heni.com.

10.    OUR LIABILITY

10.1    We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

10.2    We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us and for defective products under the Consumer Protection Act 1987.

10.3    We are not liable for business losses. We only supply the site and products for private use. If you use the site and products for any commercial or business purpose we will have no liability to you for any loss or profit, loss of business, business interruption, or loss of business opportunity. 

10.4    The site is presented “as is”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms or the site, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

11.    PERSONAL INFORMATION

We will only use your personal information as set out in our Privacy Policy.

12.    FINAL PROVISIONS

12.1    We may transfer any of our rights and obligations under this agreement to another organisation. You may only transfer your rights or obligations under this agreement if we agree to this in writing. 

12.2    Each of the paragraphs of these Terms of Sale operates separatelyIf any part of these Terms of Sale is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

12.3    If you breach these Terms of Sale and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Sale. The rights and remedies in these Terms of Sale are cumulative and are not exclusive of any rights or remedies provided by law.

12.4    This agreement is between you and us. No other person shall have any rights to enforce any of its terms. 

12.5    These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

SCHEDULE

MODEL CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract)

To [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date