Terms of Service
IT IS IMPORTANT that you carefully review these terms and conditions before you engage in a purchase with us. For the purpose of business efficacy, these terms and conditions will prevail at all material times and by using and thereafter purchasing something from Hudson Home, you are agreeing to be bound by these terms and conditions. As a matter of law, Hudson Home reserves the right to amend, modify or vary these terms and conditions as it deems fit.
The following terms and conditions shall apply to all use and sale relating to Hudson Home.
“Hudson Home” means Hudson Sewell Design Limited, a company incorporated in England and Wales under company number 08471815 whose registered office is at Williams Ashton Anderson, 359 Yardley Road, Birmingham B25 8NB
“Customer” means you (whether as an individual or a company (but please note that certain obligations and entitlements that exist to you as an individual don’t exist to a company)) who after viewing this website places an Order with Hudson Home.
“Products” means the products advertised on the website and offered for purchase.
“Discounts / Promotions / Offers” are discretionary price reductions offered by Hudson Home at any particular time. Hudson Home reserves the right to amend, cancel, eliminate or refuse to apply the said Discount and/or Promotion and/or Offer at any time should it wish to do so.
“IPR” means any Intellectual Property Rights created and/or licenced for the purpose of this Website to include (but not be limited to): trademarks (whether registered or unregistered), copyright, designs (including unregistered designs), database rights or other creatable IPR.
“VAT” means Value Added Tax under the Value Added Taxes Act 1994 and charged at the prevailing rate or any other similar sale or fiscal tax applying to the sale of goods.
Any reference in these terms to a provision or a statute shall be construed as a reference to that provision, as amended, re-enacted or extended at the relevant time.
The headings in these terms and conditions are for convenience only and shall not affect their interpretation.
Acceptance by Hudson Home of the client’s order is conditional upon acceptance, by the client, of these terms and conditions.
Acceptance by the client is evidenced by the client’s agreement to pay for the goods advertised for sale.
Insofar as it is possible to do so, the Hudson Home website is updated as regularly as possible. Therefore, in the main, the products advertised for sale are available for purchase exclusively through this website.
Hudson Home has taken all reasonable efforts to ensure the description and/or representation of the product is as accurate as possible, however, there may be some variation of the actual product against the photographs used to display the same. Insofar as it is possible for Hudson Home to do so, it will correct any errors on its website as and when discovered. If an error is discovered notwithstanding an order being placed based on that error, Hudson Home reserves the right, at its absolute discretion, to amend that error. In this circumstance, Hudson Home will notify you, the Customer, as to the impact that the same has on your order and thereafter provide you with the opportunity to cancel your order (either outright or in part).
Hudson Home does not accept any representations of inducement / misrepresentation / otherwise in respect of the product in circumstances where there is a considerable difference between the product displayed for sale and the “actual” product.
Where it is appropriate to do so, refunds will be provided subject to the Refund Clause below.
4. PRICE (including tax):
The price of the product will be shown on the website. The price identified will be inclusive of VAT at the prevailing rate for UK purchases. Unless otherwise stated, there is no adjustment on the price.
Any discount and/or reduction that may have been offered is done so at the discretion of Hudson Home and may be removed at any time. The subscriber discount code does not cover furniture and some other items. Other discount codes may also not be store wide.
Payment of the product will be required to conclude the contract with Hudson Home. By making payment, you are entering into a legally binding contract with Hudson Home. Hudson Home has a full retention of title in respect of all products sold (and advertised for sale) and title will not pass from Hudson Home to you, the customer, until payment in full has been received.
If your products are shipped separately, then Hudson Home will take instalment payments each time a product is ready and available for shipping to you.
All payments undertaken by Hudson Home are done so securely through encrypted payment platforms. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
6. ORDER ACCEPTANCE:
Once payment has been received (whether in full or in part) and a contract has been formed, we will send you a confirmation email. You should retain a copy of that email for your records as it will be your record of the contract between Hudson Home and you.
Whilst Hudson Home will endeavour to meet the requirements of your Order, there may be instances, post confirmation, where we are unable to ship products due to lack of availability (which was not apparent at the point the order was placed). If this is the case, Hudson Home will notify you as soon as reasonably practicable and will refund the cost of any undeliverable product. That refund will be processed back to the means of payment. Any refund may take up to 14 days to show back on your account. In circumstances where the payment process has not begun, the money for the unavailable product will not be deducted from your account or card.
Acceptance of any order by Hudson Home does not guarantee full performance of the contract and is conditional upon the availability of the products at the point Hudson Home provides verification of the Order to you.
Typical methods and cost of delivery will be detailed prior to the contract being concluded. This information will be detailed on the payments page. Hudson Home will provide you with an accurate as possible but estimated date of delivery. Subject to product availability, unless otherwise agreed and paid for, all deliveries will be made within 30 days. UK 2-5 working days (excludes furniture and mirrors). Europe and International is usually within 14 -28 days.
Dependent upon the product you, the Customer, has purchased from Hudson Home, it may be that a signature is required. The obligation is on you, the Customer, to ensure that there is someone available to provide the signature in such an instance.
Whilst the estimated date of delivery endeavours to be as accurate as possible, it is an estimate and deliveries are outside of Hudson Homes’ control. As soon as Hudson Home becomes aware of any delay, Hudson Home will take steps to notify you as to the delay and/or revised delivery date. By doing this, Hudson Home does not accept any liability and/or responsibility for the delay.
In circumstances where delivery is attempted but not executed, the courier may attempt a re-delivery, leave your products with a neighbour, in a safe place at your home or leave you a card for re-arrangement. Hudson Home reserves the right in these instances to further charge you for any re-delivery charges Hudson Home may incur.
Having made payment in full to Hudson Home, the title in the goods passes to you, the customer. For that reason, you will be responsible for the products from the point of delivery (however so executed).
Orders will be sent to the delivery address that you specify when your order. We cannot take responsibility if this address is incorrect. We ask for a phone number at checkout, which is passed to the courier, should they have trouble finding your address and need to contact you. You can add to an order if it has not been shipped by emailing us.
LARGE FURNITURE DELIVERY:
- Your item will be delivered by our specialist furniture courier. They will make contact to arrange a convenient time & date.
- Please ensure there is a clear pathway for our couriers to deliver to a ground floor room of your choice, they will deliver to your home but not assemble (unless previously organized with ourselves).
- If you decide the item is unsuitable please email us and we will organize a collection of the item (a pick up charge will be incurred and we will notify you of this at the time).
- Any damages or problems with the furniture must be put in writing t us within 7 days of receiving the item(s).
INTERNATIONAL DELIVERY (EXCLUDES FURNITURE):
Currently we ship to most EU countries: Channel Islands, Republic Of Ireland, Belgium, Luxembourg, Netherlands, France, Germany, Denmark, Spain, Italy, Portugal, Greece, Austria, Poland, Sweden, Slovakia, Slovenia, Croatia, Czech Republic, Finland, Malta, Hungary, Bulgaria, Romania, Switzerland, Turkey.
We do ship to the USA and Canada via Fedex, please email firstname.lastname@example.org with a list of your items for an accurate shipping quote.
Deliveries to destinations outside the UK may be subject to import duties and taxes, which are imposed the importing. All applicable duties, fees, any additional charges and paperwork are the responsibility of the purchaser.
VAT - EU & NON EU:
Where you have requested delivery to a EU or Non-EU Country address, the Products and the delivery service will normally be zero-rated i.e. not subject to UK VAT. However the price paid by you for the Products and/or the delivery service will remain the same as shown on the Website.
As no VAT has been charged there is no tax to reclaim from us.
VAT - CHANNEL ISLANDS:
While the Channel Islands are part of the UK, goods may still be liable for Customs duties and VAT in accordance with Channel Islands import rules.
8. RIGHT TO CANCEL & REFUNDS:
You, the customer, as an individual have the right to cancel the Contract. Your rights will depend upon the product you have purchased from Hudson Home, the reason for the return and when you end the contract.
Hudson Home reserves the right to refuse or cancel a contract for whatever reason. In those circumstances, any payment will be refunded, in full, or alternatively, not taken.
In circumstances where you, the individual customer, wish to cancel the contract and return the product to Hudson Home, you have 14 days to inform us of returning an item, and a further 14 days to send it in. Subject to the product being in the same condition and packaging that it was delivered to you, a full refund will be provided. Any and all refunds that may be provided will be returned to the original payment method and may take up to 14 days to be received.
Unfortunately, not all products are capable of being returned. The excluded products may include:
- Personalised and/or customised items (as per your request);
- Special orders that are not currently available in the store.
- The goods need to be returned at your own cost, intact, in the same condition as received, and in the original packaging.
- A deduction can be made if the value of the goods has been reduced (you have a legal obligation to take reasonable care of the goods while they are in your possession).
- If choosing to book your own postage we suggest taking out additional postal insurance with your provider. Please retain proof of despatch, as we cannot be held accountable for lost or damaged items during transit.
- Some items like lamp shades cannot be refunded if they have been unwrapped. These goods will be clearly marked. Please use the slip and label provided, filling out the relevant details, or request a new one from email@example.com
Every order has a returns form, please fill in the order number and use the address label, sending the items back to:
Hudson Home (Returns)
Unit C28, Holly Farm Business Park
If you wish to return a large item, i.e. a lamp please contact us first.
Our system processes the refund instantly and you will receive an email notification - please allow 5-10 days for your bank to show the funds This returns policy does not affect your statutory rights. Hudson Sewell Design trading as Hudson Home is a UK company which upholds The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Your statutory rights are not affected.
If you receive a faulty, or damaged goods please email us a photograph and request either a refund or replacement within 5 days of receipt.
9. WARRANTIES & DISCLAIMERS:
Hudson Home is under a duty (written in law) to ensure that the products you, the customer, purchase are of a set standard and /or quality. In circumstances where this is not the case, you the individual customer, may have certain rights relating to faulty and/or misdescribed goods.
Insofar as it is entitled to do so, Hudson Home disclaims any and all warranties of any kind, whether express or implied in respect of the products sold. This disclaimer does not affect your legal rights where you purchase something as a consumer nor does it affect your rights to cancel any contract under the Consumer Contracts (information, Cancellation and Additional Charges) Regulations 2013. A link to the aforesaid legislation can be found here:
10. INTELLECTUAL PROPERTY (“IPR”):
All IPR in this website is owned by or used under exclusive licence by Hudson Home.
It is against the law to reproduce, copy, store or otherwise any of the IPR from this site (whether owned or licenced by Hudson Home) and Hudson Home reserves the right to pursue infringement proceedings against any Infringing Party.
Hudson Home claims the goodwill and reputation associated with the “Hudson Home” trade mark. Unless otherwise stated, all other trade marks vest with the trade mark owners.
Hudson Home claims the copyright in respect of the photographs, the layout of the website, the design, text, graphics or otherwise reputation and subsequently, unless otherwise stated, the aforesaid is owned by Hudson Home. All Rights Reserved. Any use of the photographs, layout, design, text, graphics or otherwise without written consent of Hudson Home will amount to infringement and Hudson Home reserves the right to pursue damages for said infringement.
Moreover, pursuant to Section 77 of the Copyright, Designs and Patents Act 1988, Nicolas Hudson reserves the right to be identified as the author of the copyrighted works in this website.
11. GOVERNING LAW:
These terms and conditions (including any terms of sale) and any contractual or non-contractual obligations arising from them shall be governed and construed in accordance with the laws of England and Wales.
In the event of a dispute, you agree that the Courts of England and Wales shall have exclusive jurisdiction in respect of said dispute.
Whilst it is hoped you don’t fall out with Hudson Home, in circumstances where a dispute does arise, Hudson Home reserves the right to utilise either Alternative Dispute Resolution (“ADR”) or Online Dispute Resolution (“ODR”) procedures as an alternative to the Court.
ADR takes many formats. Depending on the nature of the dispute, Hudson Home may seek to utilise a without prejudice round table meeting or the appointment of a Mediator. In circumstances where a Mediator is appointed, you agree to bear 50% of the cost of the Mediator (whatever the outcome may be).
ODR is an online platform specifically designed to assist consumers who have purchased products online and a problem with that purchase has arisen. The platform can be accessed at the following: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
Hudson Home utilises its discretion to resolve disputes through the ODR platform.
- Hudson Home is a Data Controller. You are free to request a copy of the information held by Hudson Home in respect of you.
Hudson Homes’ Data Protection Officer can be contacted by sending an email to firstname.lastname@example.org or writing to Hudson Home at its Registered Office.
- Hudson Home will retain your information for as long as you have an account with it or alternatively, in accordance with the salient legislation. Hudson Home may also retain that information for the purpose of resolving disputes and/or preventing fraud or enforcement of these terms and conditions insofar as the retention of that information does not affect your statutory rights.
When the obligations set down by the salient legislation have expired, Hudson Home will undertake the requisite steps to delete all information held or in circumstances where this is not possible, will undertake the appropriate steps to anonymise the held information.
- As a customer of Hudson Home, you have a right to understand what information is held about you. These rights include:
- To be informed how Hudson Home uses your information;
- To access the information that Hudson Home holds about you;
- To request the rectification of any incorrect information that may be held about you;
- To stop direct marketing communications;
- To request that we transfer your information to a third party;
- To object to data processing based on legitimate interests and/or direct marketing.
- Hudson Home is not responsible for any losses that were not a natural foreseeable loss arising from Hudson Home’s repudiatory breach of contract. In no circumstance will any Director, Employee, Agent, Successor or otherwise be responsible for any losses arising from this contract that were not foreseeable. Without prejudice to this position, nothing in these terms of sale shall exclude or limit liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation or for breach of any legal right you may have in respect of the product Hudson Home has sold you.
- Hudson Home may provide links to 3rd party sites that it does not own or have any control over. Hudson Home accepts no responsibility for any information, loss, breach or otherwise that may arise in circumstances where you, the customer, visits the 3rd party site. In circumstances where you click through to any 3rd party site, Hudson Home urges you to properly verify the privacy practice and/or information before proceeding through the 3rd party site.
- If any provision of the Contract is held by a Court or other competent authority to be invalid / unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.
- No term of this Contract is intended for the benefit of any Third Party and the Parties do not intend that any term should be enforceable by a third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- Internet communications are capable of data corruption. Hudson Home accepts no responsibility for changes made to those communications after dispatch, errors / problems that may arise using internet communications and all risks connected with sending commercially sensitive information relating to the Customer vests with the Customer.
- All correspondence between the Parties (including any notices that may be served) is to be in writing and may be sent via email. The appropriate email for Hudson Home is email@example.com
You, as the Customer, upon providing your email address (so that the order confirmation can be provided, hereby provide your consent to Hudson Home in communicating with you via email. Until Hudson Home is otherwise notified by you to not communicate in such a way, all communication with you shall be by email.
- No variation of the Contract shall be valid or effective unless it is in writing, refers to the Contract and these Conditions and is duly signed or executed by, or on behalf of Hudson Home.