Terms of service
OVERVIEW - B2C
This website is operated by HAUSwares. Throughout the site, the terms “we”, “us” and “our” refer to HAUSwares. HAUSwares offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy: [LINK TO REFUND POLICY]
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall HAUSwares, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless HAUSwares and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@inthehaus.co.uk.
Our contact information is posted below:
HAUS
info@inthehaus.co.uk
OVERVIEW B2B - Wholesale
Terms & conditions of sale
1.0 Contract
The contract to supply and purchase goods is between Haus Marketing & Distribution Ltd, (‘the Company’), and the customer(‘B2B Customer’), whether acting by an authorised representative or otherwise. Acceptance by the customer implies that the terms are understood and agreed to. These terms take precedence over any contradictory terms printed or referred to by the customer, and apply to all of the Company’s sales, unless specifically agreed to in writing by a director of the Company.
2.0 Terms of Sale
The customer sell and delivers goods only to end-consumers. The customer has the authorisation to sell through stationary and online channels. Sales and deliveries of goods of the company to other resellers are excluded (ban on cross delivery). Sales and deliveries of goods to wholesalers are excluded (ban on reverse deliveries). Listing sales and deliveries of goods of the company on third party platforms (commonly known as marketplaces) are excluded (ban on third party platforms).
3.0 Orders
All goods offered are subject to availability. The placing of an order does not put the Company under any legal obligation to supply. Telephone orders are taken at customers’ own risk of error, unless written confirmation is received before despatch.
Any representations or warranties given by the Company (whether orally or in writing) prior to the contract shall have no effect.
4.0 New Accounts
The application form provided should be completed and signed. Customer debts are insured by the company through Euler Hermes. A credit check will be made using Experian and a credit rating, subject to availability will be issued by the company for the customer ongoing. Credit is reviewed when Experian updates its data or late payment occurs.
5.0 Brand
All brand names, titles, logos, images and trademarks are the intellectual property of the brand/supplier and cannot be used without first obtaining written consent of the Company (who shall have sole discretion in determining whether to give such consent). Devaluing a brand or poor representation will result in the account being closed and consent to using such brands will be withdrawn by the Company at its sole discretion at any time.
6.0 Prices
All prices quoted are EXW (Incoterms 2010). Goods are invoiced at current ruling prices (+VAT) at the time of order (concurring normally with the current price list). The Company reserves the right to alter prices in view of prevailing circumstances.
7.0 Payment
The total invoice value (+VAT) is due within 30 days of invoice date.
Time for payment shall be of the essence and no payment shall be deemed to have been received until the Company has received cleared funds.
The Company reserves the right to request a payment of the goods (and any interest if applicable) notwithstanding that ownership of any goods has not passed from the Company.
8.0 Overdue Accounts
The Company reserves the right after due notice to charge interest at the annual rate of 2.5% above the base rate of National Westminster Bank plc from time to time accruing on a daily basis from the due date for payment, until payment is made. Bad debts reaching over terms will be passed to Euler Hermes (Credit Insurer) for debt collection. The charges for this, in addition to the interest will be passed to the customer. Continued late payment will result in the customer’s account being placed on Pro Forma payment and all promotional offers being withdrawn for such period as the Company in its sole discretion determines.
The Company reserves the right to take back its goods where payment is not forthcoming or possible, and for this purpose the customer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the goods are or may be stored in order to inspect or recover them.
9.0 Risk & Title
Ownership of any goods supplied by the Company to the customer shall not pass to the customer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of the goods and/or all other sums which are or which become due to the Company, from the customer on any account.
Until ownership of the goods has passed to the customer, the customer will hold the goods on a fiduciary basis on behalf of the Company and store the goods in a proper manner separately from all other goods of the customer or any third party in such a way that they remain readily identifiable as the Company’s property.
Where the Company is unable to determine whether any goods are the goods in respect of which the customer’s right to possession has terminated, the customer shall be deemed to have sold all goods of the kind sold by the Company to the customer in the order in which they were invoiced to the customer.
The customer’s right to possession of the goods shall terminate immediately if the customer (in the case of a partnership or sole trader) has a bankruptcy order made against him/her or makes an arrangement or composition with his/her creditors or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors or (in the case of a body corporate) convenes a meeting of the creditors, whether formally or informally, or entered into liquidation, whether voluntary or compulsory, except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part of its undertaking or documents are filed with the court for an appointment of an administrator of the customer or notice of intention to appoint an administrator is given to the customer or its directors or via qualifying floating chargeholder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986) or a resolution is passed or a petition presented to any court for the winding up of the customer or for the granting of an administrative order in respect of the customer or any proceedings are commenced relating to the insolvency or possible insolvency of the customer.
The customer’s right to possession of the goods shall also terminate immediately if the customer suffers or allows any execution whether legal or equitable to be levied on its property or obtained against it or fails to observe or perform any of its obligations under any contract between the company and the customer or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the customer ceases to or threatens to cease to trade.
Where the customer’s right to possession of the goods has terminated the customer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the goods are may be stored in order to recover them.
All risk remains with the customer from the time of delivery and the customer is responsible for insuring of the goods for their full price against all risks to the reasonable satisfaction of the Company from delivery until title passes to the customer. On request the customer shall produce the policy of insurance to the Company.
10.0 Sale or Return
Supply on a sale or return basis is not operated by nor does it form part of any transaction with, the Company unless agreed in writing by the Company.
11.0 Limitation of Liability
Save as provided for in these terms and the order details as received by the Company, all terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are to the fullest extent permitted by law excluded from the contract between the Company and the customer.
Nothing in these terms excludes or limits the liability of the Company for death or personal injury caused by: the Company’s negligence; under section 2 (3) of the Consumer Protection Act 1987; for any matter which it would be illegal for the Company to exclude; or attempt to exclude its liability of fraud or fraudulent misrepresentation.
The Company’s total liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the contract between the Company and the customer shall be limited to the contract price and the Company shall not be liable to the customer for any loss of profit, loss of business or depletion of goodwill in each case whether direct or indirect or consequential or any claims for consequential compensation at all which arise out of or in connection with the contract between the Company and the customer.
12.0 Display Equipment/Stands
The Company may at its sole discretion provide the customer with such display and presentation equipment as it considers beneficial to the resale of the goods by the customer. Such branded display and presentational equipment shall at all times be the property of the Company and shall be recoverable by the Company in the event that the Company’s relationship with the customer terminates for any reason whatsoever. The customer shall take reasonable care of such equipment and be responsible for insuring them to their full replacement value against all risks to the reasonable satisfaction of the Company. On request the customer shall produce the policy of insurance to the Company. On return of the equipment the Company shall reserve the right to recover from the customer the cost of repairing and/or replacing the equipment arising out of any damage caused, fair wear and tear excluded, while in the possession of the customer.
13.0 Claims
Where a claim is being made for non-delivery – the customer must notify the Company in writing within 5 days of invoice date. Where a claim is being made for damage, shortage, or any other error – the customer must notify the Company in writing upon receipt of invoice or within 4 days of receipt of the goods.
The customer will not make any deduction, to any payment due by the customer to the Company, by way of set-off, counterclaim, discount, abatement, or otherwise arising out of any such claim.
Where claims are notified to the Company outside these times every effort will be made to resolve matters for the customer but without liability or obligation on the Company. Goods sold under warranty which become defective within the relevant warranty period solely from faulty design, materials or workmanship will where possible be replaced by the manufacturer in accordance with the terms of such warranty provided that goods have been returned to the Company promptly and proof of purchase is supplied.
14.0 Carriage
UK Mainland – Admin/Carriage costs (as specified by the Company from time to time) must be paid by the customer on all orders under £150.00 (ex VAT) goods value. Offshore – N.Ireland & Eire. Channel Islands, Isle of Man, Scottish Isles. Admin/Carriage costs (as specified by the Company from time to time) must be paid by the customer on all orders under £300.00 (ex VAT).
Drop Shipping can be arranged as a special request and will be charged as an additional handling charge (price upon request) in addition to the above whether mainland or offshore.