Terms & Conditions

Who We Are

This website is owned and operated by the Helpful Clothing Company Limited, a company incorporated under Companies Acts (registration number SC564427) and having its registered office at The Atrium Business Park, North Caldeen Road, Coatbridge Lanarkshire, Scotland, ML5 4EF, United Kingdom.  Unless we say otherwise, we use the terms “we”, “us” and “our” on this Website and these Conditions to refer to the said Helpful Clothing Company Limited.  “You” and “your” means any person (including any legal entity) who or which uses this website and/or places any order with us.

By accessing, browsing, using, registering with us, or placing an order on the Website, you confirm that you have read, understood and agree to comply with and be bound by the following Conditions, which together with our Privacy Policy, govern our relationship with you in relation to this website and in respect of any products and/or services which we contract with you to deliver. For the avoidance of doubt, these Conditions shall be incorporated into and form part of any contract which we enter into for the supply of any products and/or services.  If you do not agree to be bound by these Conditions must not use or access this website and must not place any order with us.

Use of this Website

You may only use this Website for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website.

You must not, without our prior written consent, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, deep-link into, or distribute in any way the web pages or materials on the Website or the computer codes or elements comprising the Website other than solely for your own personal or internal business use. You may not use the content of the Website for any commercial purposes whatsoever.

Ownership of Rights

All rights, including copyright and other intellectual property rights, in and to this Website are owned by or licensed to us.

Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights, or that of third parties, in the Website or its contents. By submitting information (other than your personal data), text, photos, graphics or other content to the website you confirm that you have the right to use the same and grant us a right to use such materials at our own discretion (with or without accreditation) in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the website.

You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to the Website.

Accuracy of Content

To the extent permitted by applicable law, we disclaim all representations, misrepresentations, statements and warranties, express or implied, that the content and/or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party. Nothing stated on this website constitutes any recommendation by us and shall not be relied upon by you in any way. No warranty is given about the accuracy of anything said or displayed on this website and without prejudice to the foregoing generality: the colour of products delivered may vary from the colour or apparent colour shown on our Website; all sizes and measurements are approximate; and the content of the pages of this Website, including prices, is subject to change without notice.  Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.

Links to Other Websites

From time to time this Website may include links to other websites. These links are provided for your convenience only. We do not endorse or recommend the website(s) or any products or services displayed thereon, or any views or opinions expressed on such sites. Except insofar as required by law, We have no liability whatsoever, for the content of the linked website(s).

Damage to your Computer or Other Device

We do not warrant that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the correct equipment (including antivirus software) to use this Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, we shall not be liable to you or any other person for any loss or damage you, he, she or it suffer(s) as a result of viruses or other malicious or harmful content that you, he, she or it access(es) from or via the Website.

Placing an Order

To place an order, you may open an account with us which will require you to provide some compulsory personal information. Alternatively, you can choose to place an order via our guest checkout.You must be legally capable of entering into binding contracts; and you must be at least 18 years old, to place an order.  Please see our Privacy Policy for more information on how your personal information will be used.

You confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times. You must notify us as soon as reasonably practicable of any change to or errors in the personal data which you have given us.  You may do so by going to “Your Account” on our Website.

When you create an account, we may provide you with and/or ask you to use passwords or other means to allow you to access certain areas of the Website and/or to maintain your account security. It is your responsibility to maintain the confidentiality of your password and account information. We shall not be liable to you or any other person for any loss or damage which may arise as a result of any failure by you to protect your password or account. Should you become aware of or suspect any unauthorized use of your password or account, you must notify us immediately. If we become suspicious of any fraudulent activity coming from your account, we reserve the right at our sole discretion to o refuse access to your account and/or to delete it.

When you order from our Website via our guest checkout you shall provide us with certain compulsory personal data, which we require to accept and fulfill your order. We will not store the details that you provide via our guest checkout, for any other purpose than to fulfill your order if accepted and/or if you have opted in to receive marketing from us. Please see our Privacy Policy to see how your personal information will be used and stored.

Payment

During the checkout process, you will be asked to enter your payment details. You are responsible for ensuring the e-mail address and other contact details you provide to us are correct.  By completing your payment details you confirm that the credit or debit card being used is yours and that you have the authority and available funds to pay the total price. All fields indicated as compulsory must be completed.  We accept payment from the following: Paypal; Visa Credit; Visa Debit; MasterCard, Maestro and American Express. Products and services will be billed in UK sterling (£). All prices shown on this Website are inclusive of Value Added Tax.  International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay.  We have no responsibility or liability in respect of the exchange rate or other charges applied by said providers.  We may collect and store your information and will only use your information in accordance with our Privacy Policy.

All products ordered will remain our property until we have received full payment for the same and we have delivered all of the products ordered to you, at the address stated by you when you place the order, or to such other address as may be agreed between you and us subsequently; and we reserve the right to withhold performance of all or part of any services ordered until full payment for the same is received.  If full payment is not received and you have already received the products you ordered from us, you must make immediate payment for or return the products to us in accordance with our reasonable return instructions and in the same condition that you received them and unworn, at your own expense. If you do not do this within seven days of the date on the products were delivered, we may collect or arrange for collection of the products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order.

Disability VAT Exemption

You may be eligible to claim relief from payment of Value Added Tax on your order – see guidance on the gov.uk website: vat-relief-on-certain-goods-if-you-have-a-disability.   It is your responsibility to determine if you are eligible.  By completing our online VAT Relief declaration, during the checkout process, you agree that you are claiming relief from Value Added Tax under Group 12 of Schedule 8 to the Value Added Tax Act of 1994.  In the event that having claimed this relief, Value Added Tax requires to be paid on your order, you undertake to indemnify us in full of all and any Value Added Tax that we have required to pay in respect of your order, within seven days of being called upon to do so.

Acceptance of Order

Placing an order and making payment of the price thereof does not constitute a contract between us.  A contract shall be formed only once we have accepted your order, which we may decline to do at our sole discretion.  In particular and without prejudice to the foregoing generality, we may decline to accept your order if we do not have all or any of the products ordered in stock when your order is received, or for any legal and regulatory reasons. Our acceptance of your order will take place only upon payment from you and despatch of the product(s) or on commencement of the services that you ordered from us.

Our contract with you will start from the earlier of time when the product(s) ordered are dispatched or from the time that we commence the services that you have ordered; and will end on the later of last day of your right to return the products., or the time that the services ordered have been completed.

If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, we have the right to stop or cease to fulfil the order at any time, including after despatch of products and/or commencement of any services.  You acknowledge that we shall incur no liability in such circumstances.

Your Right to Cancel

If you are contracting with us as a consumer online or by phone, you have the right to cancel (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”)), all or part of your contract at any time up to fourteen calendar days after the later of a) the day that we accept your order; or b) the last day upon all of the products ordered have been delivered to you (‘the fourteen day period”).

Exercising your Right to Cancel

To exercise your statutory right of cancellation, you must inform us of your decision to cancel the contract in writing within the fourteen day period.  You may do so by emailing us on sales@helpfulclothing.co.uk including the order number and the reason for the cancellation, or by completing the returns section of your delivery note and including it when you return your order, provided that we receive the email and returned products within the fourteen day period.

Our goodwill returns policy allows you to return items within 30 days of receipt.

You must take reasonable care of the products while in your possession. You must send back all and any products delivered to you without undue delay and in any event not later than 30 days from the day on which you communicate your cancellation from the contract to us in writing. You must bear the direct cost of returning products to us.  The products must be returned in the same condition that you received them, unused, in perfect condition and with their original tags and packaging.

Returns

You must return the products to the following address:

Helpful Clothing Company Ltd.
The Atrium Business Centre
North Caldeen Road
Coatbridge
Lanarkshire ML5 4EF
United Kingdom

We recommend that you obtain  proof of posting.

Once we have received all of the products which have been delivered to you, in the same condition that they were received, and unworn, we will reimburse you of the price of the order.

This is not intended to be a full statement of all of your rights under the Regulations. Full details of your rights under the Regulations are available in the UK from your local Citizens’ Advice Bureau or your Local Authority’s Trading Standards Office.

Returns – Your Statutory Rights

In addition to your right to cancel, you may also return the products delivered to you, if they are not of satisfactory quality, fit for purpose or as described.  If you do so within 14 days of delivery, you may exercise the statutory right to a refund.  Our goodwill returns policy allows you to return items within 30 days of receipt.

After the thirty day period, but within six months of the date of delivery, you are entitled to a repair or replacement or where that is not possible, or the repair/ replacement does not resolve the fault, a refund. After six months of the date of delivery, similar rights exist, but only if you can prove that the fault was present at the point of delivery.

Changes to your Order

Any changes to your order must be notified to us in writing and before the order is dispatched for delivery. We reserve the right to refuse to agree to any changes to your order after it has been accepted, or if the change is accepted, to increase the price by a reasonable amount to reflect any higher price that the new or varied product(s) is/are normally sold by us.

Delivery of Your Order

Delivery will be made within a reasonable time from the date that we accept your order and no guarantees or undertakings are given by us of the date that the products ordered are delivered by us or received by you.

Delivery will be made to the UK or international address specified in your order. If no one is available at a residential or other address at the time of delivery, a note will be left to inform you that your order is being returned to the courier’s depot.

Standard delivery will be free of charge for all orders to an address within the United Kingdom. Royal Mail   Express delivery will incur an additional charge of £6.50.

All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order or returned to the courier’s depot.  We shall have no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control.

In the UK, delivery charge refunds can only be made in accordance with your statutory rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and other applicable legislation.

Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for international delivery, some of our products may not be available for delivery to certain destinations outside the UK. We reserve the right to define what can and cannot be delivered to which destination. A reasonable charge will be made for delivery of orders to an address outside the United Kingdom.  Our products are sold on a delivery duty unpaid basis. You may require to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation and you are required to check these details before placing an order for international delivery.  Where applicable, it will be your sole responsibility to comply with any export controls or sanctions rules applicable to goods supplied to you.

We shall be under no liability to you for delay in delivery or failure to deliver the products ordered due to causes outwith our reasonable control.

If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.

Limitation of Liability

We will not be liable for any loss or damage suffered by you arising from or in connection with any failure in performance  of any obligations under these Conditions caused or materially contributed to by an event beyond our reasonable control (force majeure), including (but not limited to) snow, strikes, lockouts, failures of third party systems or networks, acts of god, fire, earthquake, storm, flood or other natural disaster, civil unrest, acts of terrorism, hacking, deliberate sabotage of or malicious damage to equipment or data or for damage to or destruction of premises or equipment.

In respect of any loss or damage cause to you or your property arising from or in connection with any failure in performance of any obligations under these Conditions which is caused or materially contributed to by an event within our reasonable control, our liability for such loss and/or damage whether in contract, delict or otherwise, shall be limited to the sum equal to the price paid by you for any products or services ordered, or if no such products or services have been ordered, to £500.

In any event, we will not be liable for any indirect or consequential losses, and / or for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues, business interruption or lost opportunity.

All contractual, delictual or other claims against us shall be extinguished upon the lapse of a period of five years from the date of the later of a) the date upon which use of this Website gave rise to the claim; or b) the last date of delivery of all of the products and/or services which you ordered.

Entire Agreement

These Conditions set out the entire agreement between you and us in respect of your use of this Website and any contract entered into between you and us for the supply of products and / or services.  They supersede any previous representations, misrepresentations, statements, agreements or understandings made or entered into between you and us in relation to the subject matter hereof. No variation of these Conditions shall be binding on us unless agreed by us in writing.

Waiver

No waiver, relaxation or delay by us in exercising any right or remedy under these Conditions on any occasion, shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy.

Set Off

You shall not withhold or reduce any amount of the Price payable by reason of claims or alleged claims against us.  All rights of set off which you may otherwise have are expressly excluded.

Assignment and Third Party Rights

We may update or amend these Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.

You may not assign or sub-contract any of your rights or obligations under these Conditions to any third party.

We may assign, transfer or sub-contract any of our rights or obligations under these Conditions to any third party at our discretion.

Only you and we shall be entitled to enforce these Conditions. No third party shall be entitled to enforce any of these Conditions, whether by virtue of the Contract (Third Party Rights) (Scotland) Act 2017, or any amendment thereto or re-enactment thereof, or otherwise.

Law and Jurisdiction

If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity and/or enforceability of the other provisions (and the remainder of the provision in question) shall be unaffected.

Save to the extent provided for hereafter, or that you exercise your right as a consumer to bring an action in or rely on the laws of your country of domicile, any dispute arising from or in connection with your use of this Website and/or any contract entered into between you and us (including, without prejudice to the foregoing generality, the validity, interpretation, construction, effect and enforceability of these Conditions or any part of them) shall be governed by Scots Law, and you and we agree to submit to the exclusive jurisdiction of Scottish courts for the determination of any disputes.

Either we or you may by notice to the other party (“the Notice of Expert Determination”), refer any dispute or difference about the description, quality, fitness for purpose or time of delivery of any products and/or services which you have ordered to the determination of a single expert.  The expert shall be selected and appointed by agreement between you and us within seven days from the date that the Notice of Expert  is given, which failing by the application of the referring party to the Retail Ombudsman, 33 Floor Euston Towers, London NW1 3DPwithin fourteen days from the date that the Notice of Expert Determination is given. The appointed expert shall act as expert and not as arbitrator; he shall afford the parties the opportunity to make representations to him within a reasonable time; he shall inform each party of the representations of the other party; he shall afford each party an opportunity to respond to the other party’s representations within a reasonable time; and he shall reach his decision and give this to the parties, with reasons, as soon as practicable having regard to the foregoing.  The fees and expenses of the expert, including the costs of his selection and appointment, shall be borne equally between you and us; but the expert may determine the apportionment, as between you and us, of liability only for payment of his fees and expenses.  The determination of the expert shall be final and binding upon the parties, except where there is fraud or manifest error on a matter of law.

Updated 28 April 2019

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