Hayani online consumer terms and conditions

1.  THESE TERMS

1.1  What these terms cover. These are the terms and conditions on which we supply our products to you. We may change them at any time so do read them each time you place an order.

1.2  Why you should read them. Please read these terms carefully before you submit any order to us. These terms tell you who we are, how we will provide our products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

2.  ABOUT US AND HOW TO CONTACT US

2.1  Who we are. We are HAYANI LIMITED a company registered in England and Wales. Our company registration number is 11688770 and our registered office is at The Hive, Inner Circle, Regents Park, London, NW1 4NS.

2.2  How to contact us. You can contact us by telephoning our customer service team at 07521 287577 or by writing to us at Hayani Limited, The Hive, Inner Circle, Regents Park, London, NW1 4NS or hayani@hayani.co.

2.3  How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4  ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3.  OUR CONTRACT WITH YOU

3.1  How we will accept your order. Our acceptance of your order will take place when we send you an email to accept it, at which point a contract will come into existence between you and us and we will accept payment when we accept your order.

3.2  If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the products. This might be because the product is out of stock, because of unexpected limits on our supplies which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3  Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4  Delivery outside the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to all addresses outside the UK. However, please get in contact with us if you wish us to deliver your order outside the UK. We may be able to help.

4.  OUR PRODUCTS

4.1  Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made 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 product may vary slightly from those images.

4.2  Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

5.  YOUR RIGHTS TO MAKE CHANGES

    If you wish to make a change to your order, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product and the timing of supply which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 8 – Your rights to end the contract).

6.  OUR RIGHTS TO MAKE MINOR CHANGES

  We may change the product to reflect changes in relevant laws and regulatory requirements, such as the food labelling regulations.

7.  PROVIDING THE PRODUCTS

7.1  Delivery costs. The costs of delivery will be as displayed to you on our website. If you would prefer to collect your products in person, please get in touch with us.

7.2  When we will provide the products. We will not accept your order unless we have the products in stock. During the order process we will let you know when we expect to provide the products to you. We will dispatch them to you as soon as reasonably possible and in any event within (a) 2 working days after the day on which we accept your order if you opt for first class delivery; and (b) 3 working days if you opt for second class delivery.

7.3  We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, principally as a result of our delivery service, then if we learn of the delay we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. 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.

7.4  If no one is available when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the delivery service will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.5  If you do not re-arrange delivery. If you do not re-arrange delivery of the products or collect them from a delivery depot we will contact you for further instructions and may charge you for 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 Clause 10.2 will apply.

7.6  When you become responsible for the goods. A product ordered from us will be your responsibility from the time we deliver the product to the address you gave us or the time you collect the perducts in person.

7.7  When you own goods. You own a product ordered from us once we have received payment in full.

7.8  What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your name and delivery address. If you give us incomplete or incorrect information, we may either end the contract (and Clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying them at all if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

8.  YOUR RIGHTS TO END THE CONTRACT

8.1  You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a)  If what you have bought is not fit for purpose or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see Clause 11;

(b)  If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2; or

(c)  If you have just changed your mind about the product, see Clause 8.3. You may be able to get a refund if you are within the 14 day cooling-off period and you have not unsealed the product, but this may be subject to deductions if the product is not in a re-saleable condition and you will have to pay the costs of return of any goods.

8.2  Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a)  we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;

(b)  there is a risk that supply of the products may be significantly delayed because of events outside our control; or

(c)  you have a legal right to end the contract because of something we have done wrong.

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). If you have not unsealed the product and it remains in a saleable condition, you have a legal right to change your mind within 14 days of receiving the product and receive a refund. But you must pay the costs of returning the items.

9.  HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

9.1  Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a)  Phone or email. Call customer services on 07521 287577 or email us at hayani@hayani.co. Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b)  Online. Complete the request through the contact form which can be found here on our website

(c)  By post. Simply write to us at Hayani Limited, The Hive, Inner Circle, Regents Park, London, NW1 4NS, including details of what you bought, when you ordered or received it and your name and address.

9.2  Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person or post them back to us at Hayani Limited, The Hive, Inner Circle, Regents Park, London, NW1 4NS. Please call customer services on 07521 287577 or email us at hayani@hayani.co for a return label. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

9.3  When we will pay the costs of return. We will pay the costs of return:

(a)  if the products are not fit for purpose or misdescribed; or

(b)  if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

9.5  How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.6  Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have broken the seal or otherwise handled them in an unacceptable way, you must pay us an appropriate amount.

9.7  When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made 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. For information about how to return a product to us, see clause 9.2.

10.  OUR RIGHTS TO END THE CONTRACT

10.1  We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a)   you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, the full delivery address; or

(b)  you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

10.2  You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your breaking the contract.

11.  IF THERE IS A PROBLEM WITH THE PRODUCT

11.1  How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 07521 287577 or write to us at Hayani Limited, The Hive, Inner Circle, Regents Park, London, NW1 4NS or hayani@hayani.co.

11.2  Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract as described, fit for purpose and of satisfactory quality. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions including certain limitations for perishable items. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says your products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

11.3  Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person or by post to us. We will pay the costs of postage or collection. Please call customer services on 07521 287577 or email us at hayani@hayani.co for a return label.

12.  PRICE AND PAYMENT

12.1  Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. Our prices are subject to change without notice. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 12.3 for what happens if we discover an error in the price of the product you order.

12.2  We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date 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.

12.3  What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

12.4  When you must pay and how you must pay. We accept payment with Visa and Mastercard credit or debit cards. You must pay for the products before we dispatch them. We will charge your credit or debit card when we accept your order.

13.  OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1  We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill.

13.2  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 as summarised at Clause 11.2.

13.5  We are not liable for business losses. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.  HOW WE MAY USE YOUR PERSONAL INFORMATION
   How we may use your personal information. We will only use your personal information as set out in our privacy policy, which can be found here.

15.  OTHER IMPORTANT TERMS

15.1  Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.2  If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5  Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

15.6  Which laws apply to this contract and where you may bring legal proceedings. 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.