Eagle & Hodges Ltd – Terms and Conditions

1. About us and our products

You can find helpful information about Eagle & Hodges Ltd (referred to as “we”, “us” or “our” in these terms) and our products on our website before you order. If you have any questions at all, please feel free to get in touch before placing your order. When you do place an order with us, these terms and conditions will apply to the relevant purchase.

2. Consumer and business customers

Some parts of these terms work slightly differently depending on whether you are buying from us as a consumer or a business. For example, business customers will have different cancellation rights compared to consumer customers, and different rules may apply if there is a problem with a product or if a claim is made for certain types of losses. Where a term applies only to consumers or only to business customers, we will let you know.

For these purposes, a business customer is anyone buying products wholly or mainly for use in connection with their trade, business, craft or profession (even if you are an individual).

3. Our contract with you and your orders

When you place an order, we will send you an email letting you know we have received it. We’ll then review your order and ensure the product is available, following which we will confirm acceptance of your order by email. Our contract with you will start when we send this acceptance email, or when we dispatch the products, whichever happens first.

Very occasionally, we may need to decline an order, for example, if a product is unexpectedly out of stock, if we are unable to deliver to your location, or if there has been a pricing error. If this happens, we will let you know as soon as we can, and we will refund any sums you have already paid.

When you order goods from us, you will become the legal owner and take responsibility of them once they are delivered to you, and until then, the goods remain at our risk.

We usually take payment for our goods when you place an order; however, we may agree to payment in instalments, for example, 50% on purchase and 50% after delivery. If you are a business customer, payments due to us must be made without any set-off. This means you cannot withhold or deduct any amounts, except where the law requires a tax deduction. If the rate of VAT changes between the date you place your order and the date we supply the product, we may need to apply the updated VAT rate. 

We do our best to show our products as accurately as possible; however, colours can look a little different on different screens, and packaging may vary from time to time. Many of our pieces are handmade or produced by specialist third parties, so small variations in size, weight, finish and measurements can naturally occur. Any dimensions or colours shown on our website are therefore given as a guide and may vary slightly. Similarly, if we are making or supplying a product based on measurements you give us, it is your responsibility to ensure these measurements are correct. If you would like us to sense-check anything before you order, just let us know.

4. Deliveries

To help fulfil orders and carry out specialist work, we may use carefully selected third parties such as white glove delivery teams, installers, upholstery workshops and mills. Where we do, we remain responsible for supplying the goods to you under these terms, though we cannot accept responsibility for delays, damage or failures caused by third parties where these are outside our control.

If delivery is outside the United Kingdom, you may need to appoint a shipper and/or installer and manage local delivery arrangements. Unless we agree with you in writing, we will not be responsible for import duties, taxes, customs clearance, local delivery, on-site handling and compliance with local laws and requirements. If customs, ports or local regulations cause delays, we’ll do what we can to help, but these types of delays are outside our control for the purposes of these terms.

If our supply of your product is delayed by an event outside our control, such as delays or disruption to courier or postal services, supply chain shortages, delays at ports or in customs, adverse weather, fire, flood, industrial action, power or IT outages, or other similar events, we will try contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but you can contact our Customer Service Team at customercare@eagleandhodges.com to end the contract and receive a refund for any products you have paid for in advance, but not received. 

Any delivery date, lead time or timeframe we provide are estimates. We will do what we reasonably can to meet these timelines, but delivery dates are not guaranteed, and time is not of the essence.

To help everything run smoothly on the day, please make sure there is safe and suitable access for our team (or our delivery/installation partners) to make any deliveries. This might include arranging parking or a loading area, booking a lift if needed, and checking doorways, stairs and other access points. For the purposes of these terms, you agree to ensure the space is ready for delivery and/or installation. 

We may occasionally need a little more information from you (for example, access details) or for certain preparation to be completed in advance, as agreed. If this doesn’t happen, and it means we (or our delivery partners) have to make additional arrangements (like rescheduling, returning on a different vehicle, bringing extra people, or arranging storage/handling), there may be reasonable additional charges to cover those extra costs. Where possible, we’ll flag this with you in advance.

5. Returns if you change your mind

If you are a consumer and you change your mind about a purchase, please contact our Customer Service Team at customercare@eagleandhodges.com. A few important conditions apply to our returns policy, which we’ve set out below.

We will usually be unable to process a return or refund for: 

  • goods that are made-to-order, made to your specifications or are otherwise personalised; and
  • goods which become mixed inseparably with other items after their delivery,
    but, you can still contact our Customer Service Team at customercare@eagleandhodges.com and we will see what we can do to help. 

If you do change your mind about a product, you will need to let us know within 14 days after the day we or one of our third-party agents deliver your product. You will then need to send the items back to us within 14 days of letting us know, using a reputable delivery service and keeping proof of postage.

Please take reasonable care of the items while they are in your possession, as if goods are handled beyond what would be reasonably acceptable in a shop, we may need to reduce the refund to reflect any loss in value. For example, this may apply where items are not returned in “as new” condition, tags have been removed, packaging is damaged, or accessories are missing. If you’re unsure, our Customer Service Team at customercare@eagleandhodges.com can help.

6. If something isn’t quite right

We want you to be happy with your purchase, so if you think there is an issue with your product, please contact our Customer Service Team at customercare@eagleandhodges.com, and we will do our best to help. 

If you are a business customer, we confirm that on delivery, the products shall:

  • conform with their description;
  • be free from material defects in design, material and workmanship;
  • be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
  • be fit for any purpose held out by us.

If a product does not meet the confirmation above, and you notify us within a reasonable time of discovering the issue, give us a reasonable opportunity to inspect it (including by photographs and/or inspection at the delivery location), and return it to us, we will (at our option) repair or replace the product, or refund the price paid. This will be your sole remedy for breach of the warranty, and these terms will also apply to any repaired or replacement products we supply. This warranty will not apply where the issue arises, for example, because:

  • the goods have continued to be used after the issue is identified or notified;
  • storage, handling, installation, commissioning, use, cleaning or maintenance instructions (ours or the manufacturer’s) have not been followed, or good trade practice has not been observed;
  • we followed measurements, specifications, drawings or instructions provided by you (including site measurements or access information);
  • installation, fitting or assembly was carried out incorrectly by you or a third party;
  • the goods were altered, modified or repaired without our prior written consent (or non-approved parts were used);
  • the issue is caused by fair wear and tear, accidental damage, misuse, negligence, unsuitable conditions (including humidity, heat, sunlight exposure, water ingress, pests, or electrical supply issues), or use outside the product’s intended purpose;
  • the issue relates to natural variations or natural ageing of materials (including colour/texture variation, shrinkage, expansion, movement, or cracking) which are inherent characteristics rather than faults;
  • the issue is caused by external factors after delivery that are outside our control (including building works or environmental conditions at the premises);
  • the issue is minor and does not materially affect the product’s function or appearance; or
  • reasonable access is not provided for inspection, remedy or collection.

7. Changes to products and these terms

From time to time, we may need to make changes to a product or to these terms. Where we do, we will always aim to keep things fair and clear.

We may make changes to a product where this is needed to reflect changes in law or regulatory requirements, or to make minor technical improvements. We may also update product descriptions, packaging or instructions, provided this does not materially affect the product’s quality or performance. We can similarly pause the supply of goods, and where possible will let you know in advance. If the pause is urgent (for example, for safety or emergency reasons), we may need to do this without notice, but we will still keep you updated. If supply is paused, we will adjust the price so you are not paying for the period the product is paused. If the pause means you no longer wish to proceed, you can contact our Customer Service Team at customercare@eagleandhodges.com to end the contract, and we will refund any sums you have paid in advance for products you will not receive.

We may also stop supplying a product altogether, and if that happens, we will give you reasonable notice and refund any sums you have paid in advance for products that will not be provided.

We always hope to resolve issues informally, but we may need to end the contract for a product where, for example:

  • payment has not been made when due;
  • we have not received the information, cooperation or access we reasonably need to supply the product (such as technical specifications or installation details);
  • we are unable to deliver the product because delivery or collection cannot be arranged within a reasonable time;
  • there has been a serious breach of these terms (or another contract between us);
  • you become insolvent or unable to pay your debts as they fall due (or steps are taken towards liquidation, administration or bankruptcy); or
  • we reasonably suspect fraud, misuse of our services, or that an order has been placed using unauthorised payment details.

Where the contract is ended in these circumstances, we may also recover any reasonable costs we incur as a result, and we are not required to compensate you for losses caused by us or our products. 

8. Our liability

There are some types of loss we are not liable for, including but not limited to any losses which are:

  • unexpected or unforeseeable;
  • caused by events outside our reasonable control;
  • avoidable (for example, where steps could reasonably have been taken to reduce or prevent the loss);
  • caused by you or someone you are responsible for (including where care, storage, handling, installation or maintenance instructions are not followed);
  • caused by third parties you arrange separately (such as builders, electricians, decorators or installers);
  • due to the natural characteristics of materials (for example, natural variations and ageing); or
  • due to incorrect or incomplete information provided by you (such as measurements, access details, or site restrictions).

If you are a business customer, in addition to the above, then we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of revenue, loss of anticipated savings, loss of opportunity, goodwill or reputation, loss arising from business interruption or increased operating costs, or any indirect, special or consequential loss or damage arising under or in connection with any contract between us. Similarly, our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.

Nothing in these terms limits or excludes liability for; death or personal injury caused by negligence (to the extent it cannot legally be excluded); fraud or fraudulent misrepresentation; breach of statutory implied terms relating to title (and other terms that cannot legally be excluded); liability under the Consumer Protection Act 1987 for defective products; or any other liability that cannot legally be limited.

If you are a business customer, and except where we have expressly set something out in these terms, we exclude any additional implied terms under sections 13 to 15 of the Sale of Goods Act 1979 or sections 3 to 5 of the Supply of Goods and Services Act 1982.

9. Other important terms

Privacy. We take your privacy seriously, and how we use any personal data you give us is set out in our Privacy Policy

Complaints. Our Customer Service Team at customercare@eagleandhodges.com will do their best to resolve any problems you have with us or our products.

Intellectual Property. We own all intellectual property rights in our marketing material, marks, designs, drawings, specifications, plans, mood boards, products and other materials we create, and by accepting these terms, you are agreeing not copy, reproduce, share or use them for any other project or procure third parties to do so without our written consent.

Assignment. We can transfer our contract with you, so that a different organisation is responsible for supplying your product. You can only transfer your contract with us to someone else if we agree to this. 

Third Party Rights. This contract is between you and us, meaning nobody else can enforce it, and neither of us will need to ask anybody else to sign-off on ending or changing it.

Waiver. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

Entire Agreement. If you are a business customer, these terms set out the entire agreement between us in relation to your purchase. This helps keep things clear and avoids misunderstandings by ensuring that any arrangements we are both relying on are set out in writing in these terms. By agreeing to these terms, you acknowledge that you have not relied on any statement, representation, warranty or similar made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

Jurisdiction. If you are a consumer, then, wherever you live, you can bring claims against us in the English courts, and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer, we can claim against you in the courts of the country you live in. If you are a business, you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

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