Hobbs' Terms and Conditions

TERMS AND CONDITIONS

These terms and conditions ("Terms and Conditions") apply to all orders for items which you, acting in your individual capacity as a consumer ("you") place with us Hobbs Limited, trading as Hobbs ("we" "us" or "our") using the website which we operate from the URL: "au.hobbs.com" and other URLS from time to time ("Website").

If you are a trade buyer or acting in the course of a business please contact our Customer Services team.
For legal reasons we can only sell items via this Website to individuals aged 18 or over. It is designed for us by individuals in Australia or New Zealand.

We are an English registered company. If you do not understand all or any part of these Terms and Conditions, you may not place orders using this Website. Please contact our Customer Services team.

Accepting these Terms and Conditions

Before placing your order, please read carefully these Terms and Conditions, our Privacy Policy, Website Conditions of Use and other policies we may notify you of. You should print or download copies for your future reference. Together they constitute the entire agreement between us. You accept and agree to be bound by these Terms and Conditions, the Privacy Policy, Website Conditions of Use and other policies we notify you of, when you click the "Make payment now" button. You will be sent a receipt by email.

Nothing in these Terms and Conditions impinges on your statutory rights either as a consumer or otherwise.

The Contract Between Us

When you place an order to purchase items using the Website this is an offer by you to us to purchase those items, this does not mean we have accepted your order. Our acceptance of the order will take place as described in sections 3 and 4. The contract between you and us is formed at the point we accept your order as described in sections 3 and 4 ("the Contract").

Contracts are concluded in English. Details of your specific Contract will not be filed by Hobbs.

Acknowledgment and Acceptance of On-Line Orders

We acknowledge receipt of orders which you submit using the Website by sending you an email summarising the details of your order ("Online Order Receipt"). A contract is not formed at the point in time that payment has been taken from you by us, nor at the point in time that you receive an email from us acknowledging receipt of your order.

We accept your order for an item when we send you an e-mail confirming that we have dispatched the items in your order ("Online Order Despatch Note"). For orders placed on-line using this Website the contract between us is formed at the point we send you the Online Order Despatch Note for those items detailed in the Online Order Despatch Note email. If your order contained a number of items and the email mentions only some of them, those items which have yet to be dispatched to you do not form part of that contract. Included in the Online Order Despatch Note email is an order reference number that will enable you to track the progress of your order.

Placing Orders for the First Time

When you order items on-line for the first time you will need to register with us by setting up an account. This is for security reasons. It also avoids you having to re-enter your details when you place subsequent orders. You are responsible for maintaining the confidentiality of your account username and password and for preventing unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account. Please take all necessary steps to ensure that the username and password is kept confidential and secure. Please inform us immediately if you have any reason to believe that your username and/or password has become known to anyone else, or are being or are likely to be used in an unauthorised way.

Please ensure the details you provide us with on registration are correct and complete and inform us promptly of any changes to those details (e.g. change of email or postal address).

We reserve the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order it will be without charge to you.

Colours, Sizes and Specifications

We make every effort to display the colours, sizes and specifications of items available on the Website as accurately as possible. The colours you see will however depend on the resolution of your monitor. We cannot guarantee that your monitor's display of any colour will reflect accurately the colour of the item delivered. We may from time to time vary the sizes and specifications of items displayed on our Website without prior notice. We cannot guarantee that a particular colour, size or specification of an item will be available. A member of our Customer Services team will contact you if the item you have ordered is no longer available.

Availability and Substitution

We accept orders for items subject to availability. If for any reason the items you ordered are no longer available we will at our discretion either:- contact you and offer you an alternative item of equivalent quality and price (where this is possible); or cancel the item from your order and where payment has already been deducted from your account give you a full refund in respect of that item.

Delivery Options & Charges

You may choose a delivery address which is different to your billing address.

We offer two delivery options for deliveries to Australia and New Zealand, a 3-5 day service which costs AUD$15, or a 5-8 day service costing AUD$7.50.

A signature confirming receipt is required for delivery. If there is no-one available at the delivery address to accept the order, your courier will leave a card asking you to arrange collection from your nearest depot, or to arrange a re-delivery.

If your order is not delivered within the expected time, please contact Customer Services.

To track your delivery visit http://dm.metapack.com/metatrack/ and enter the delivery reference emailed to you upon dispatch of your order.

You may receive an email from the carrier regarding the delivery of your order.

Faulty or Damaged Items

If the items you ordered are damaged or faulty upon receipt, provided you inform our Customer Service team within 14 days of receiving the items (supplying them with the order reference details shown on the delivery documentation together with details of the damage or fault) we will send replacements or offer you a refund (at your option). We ask that you return the damaged or faulty items to us by registered post and we will reimburse the costs you incur in doing so (and we may ask that you send us copies of the supporting receipts). Refunds will be credited to the payment method used to make the original purchase.

Prices

For shipments to Australia and New Zealand we only accept payment in Australian Dollars.

The price of the items will be in line with the price displayed on the website when you placed your order. Although we try to ensure that all prices on the Website are accurate, errors may sometimes occur. If we discover an error in the price of items you have ordered we will contact you as soon as possible. You will have the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we may treat your order in respect of the incorrectly priced item as cancelled.
Delivery and packaging is charged extra unless otherwise stated. Details of our delivery charges can be found in section 7 of these Terms and Conditions.

If you choose to purchase items from us online using a payment card not denominated in AUD$, the exchange rate will be that applied by the relevant payment scheme at the time of processing the transaction.

Products delivered to Australia or New Zealand will be subject to import taxes, fees, levies or other charges which are the sole responsibility of the purchaser, or the recipient of the purchase if different. Orders under AU$1,000 will not generally be subject to import taxes and GST in Australia, but in New Zealand orders over NZ$60 will be charged.

Prices displayed on the Website apply to on-line purchases for only. We reserve the right to update prices displayed on the Website from time to time.

Payment

You may pay for the items that you order by on-line, by supplying your credit or debit card details. We accept the following card types: Visa, Maestro, MasterCard and American Express. We also accept payment by Paypal. We regret that we cannot accept cheques, gift vouchers, gift cards or cash as payment on-line or by telephone. Receipt of your credit card details and debit of payments does not constitute our acceptance of your order (see sections 3 and 4 above for further details.) You are responsible for ensuring the email address and other contact details you provide to us are correct. We will not be responsible if you do not receive the Online Order Despatch Note email or other confirmation from us where the details you have supplied are incorrect or in the event of communication system failures outside our control.

Please note that we cannot guarantee the security of data which you send us by email. Accordingly please do not send us payment information using email. For details of the security measures we employ please read our Privacy Policy.

Losses

We will be responsible for any losses you suffer as a direct result of us breaching these Terms and Conditions if those losses were reasonably foreseeable to both you and us at the time the contract between us for the sale of items was formed (see "The Contract Between Us" section above). We will not be responsible to you or any third party for any business loss (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill) or any other loss or damage which does not result directly from our actions or the actions of our appointed sub-contractors or agents, or was not reasonably foreseeable to both you and us when the contract between us was formed.

Our liability to you under these Terms and Conditions will not exceed the total price charged for the items purchased. Nothing in these Terms and Conditions excludes or limits our liability to you for personal injury or death caused by our negligence.

Events Beyond Our Reasonable Control

We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.

If an event beyond our reasonable control occurs that affects the performance of our obligations under these Terms:

• We will contact you as soon as reasonably possible to notify you; and
• Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the event beyond our reasonable control. Where the event beyond our reasonable control affects our delivery of goods to you, we will arrange a new delivery date with you after the event is over.

You may cancel the contract if the event beyond our reasonable control takes place and you longer wish us to provide the goods. Please see your cancellation rights under section 15. We will only cancel the contract if the event continues for longer than 4 weeks in accordance with our cancellation rights in section 20.

Returns Conditions

If you are unsatisfied with your purchase, you are welcome to return any items ordered (with the exception of items listed in section 14 below) within 14 days, beginning the day after your order is delivered. Items must be returned to us in an unused condition. Until you return items to us you are responsible for their safe keeping and taking reasonable care of them. We do not accept liability for packages damaged during transit back to us. It is your responsibility to wrap items adequately to prevent damage.

Items Which By Their Nature Cannot Be Returned

For reasons of hygiene, we regret that we are not able to exchange or offer you a refund if you decide you no longer want items which by their nature cannot be returned once they have been dispatched, including: - pierced earrings - items of nylon clothing which become distorted when worn - lingerie - swimwear - sleep sets if the hygiene strip has been removed - hats and other headwear. This does not, however, affect your statutory rights in relation to such items if they are faulty or damaged when you receive them (see the Faulty or Damaged Items section below) or if they are items that you have been sent in error.

Please also note, that we do not offer refunds on the purchase of Hobbs Gift Vouchers.

If you have any questions please contact our Customer Services team.

Returns Process

If an item you have purchased is unsatisfactory, you can return it within 14 days of receipt for refund of the cost of your goods, following the instructions enclosed with your order.

Refunds will be issued to the credit or debit card originally used to make payment. Please allow up to 10 working days for the refund to reach your account. Please note that we are unable to arrange exchanges.

You can use any postal carrier you wish to rerun goods to us. Goods are sent to us at your own cost and risk and we therefore recommend you choose a registered or trackable postal service. We are not liable for returned goods which are not received. Items must be returned in an unused condition.

In the rare event that the goods you receive are faulty or not as ordered, please contact our Customer Services team to arrange replacement or reimbursement.

Our Cancellation Right

If we have to cancel an order before the goods are delivered due to an event beyond our reasonable control or the unavailability of stock we will contact your promptly. If we have to cancel an order and you have made any payment in advance for goods that have not been delivered to you, we will refund these amounts to you.

Gift Cards

Currently, gift cards cannot be re-deemed or topped up online, or returned for refund. They are denominated in GBP and can not be redeemed against any AUD purchases.

 

Privacy and Communications

When you place orders, we collect certain personal and transactional information (e.g. name, address, email address, credit/debit card details). For details on how we use this information, please read our Privacy Policy. To fulfil our obligations to you under these Terms and Conditions we communicate with you by e-mail and by posting notices on the Website. You agree to receive communications from us electronically in this way and that electronic communications will satisfy any legal requirement for communications to be in writing.

Alterations To This Website and Terms & Conditions

We reserve the right at any time to make changes to the Website, these Terms and Conditions, the Website Conditions of Use, Privacy Policy and such other policies as we may notify you of from time to time. You will be subject to the policies and terms and conditions in force at the time you order items using the Website or by telephoning our Customer Services team. If any of the terms and conditions forming the contract between us are deemed invalid, void or unenforceable for any reason, they will be deemed severable and will not affect the validity or enforceability of the remaining terms and conditions.

Waiver

If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.

Governing Law and Jurisdiction

The Contract, these Terms and Conditions and any non-contractual obligations are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the non-exclusive jurisdiction of the English courts, as do we, in relation to all matters arising out of or in connection with the Contract or these Terms and Conditions.

Third Party Rights

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

Further Information

Please refer to the Frequently Asked Questions section of the Website or contact our Customer Services team:

Email: au.customerservices@hobbs.com

Hobbs Limited, Customer Services, 72 Welbeck Street, London, W1G 0AY, United Kingdom.

Marketing Communications From Hobbs

If you have consented during our order process, or by providing your details on our web sign-up page or in one of our stores, we may send you updates and information by post and/or email. These may include joint promotions with our business partners, but we will not share your information with them. If you no longer want to receive such offers, please send us a message at privacy@hobbs.co.uk