Online Sale Terms
1. These Terms
1.1. These are the terms and conditions on which we supply products to you.
1.2. Please read these terms carefully before you submit your order to us. These terms tell you who
we are, how we will provide 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. If you think that there is a mistake in
these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1. We are Herring Shoes Limited a company registered in England and Wales. Our company registration
number is 03919412 and our registered office is at Unit 6, Old Station Yard Industrial Estate,
Kingsbridge, Devon TQ7 1ES.
2.2. You can contact us by telephoning our customer service team at +44(0)1548 854886 or by writing
to us at info@herringshoes.co.uk.
2.3. 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. Our acceptance of your order will take place when we email you to accept it, at which point a
contract will come into existence between you and us.
3.2. If we are unable to accept your order, we will inform you of this in writing and will not charge
you for the product. This might be because the product is out of stock, because of unexpected limits
on our resources 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. 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.
4. Our products
4.1. 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.
5. Your rights to make changes
5.1. If you wish to make a change to the product you have ordered 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, the timing of supply or anything else 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 7 - Your rights to end the contract).
6. Providing the products
6.1. The costs of delivery will be as displayed to you on our website.
6.2. During the order process we will let you know when we will provide the products to you.
6.3. If our supply of the products is delayed by an event outside our control then 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.
6.4. If no one is available at your address to take delivery and the products cannot be posted
through your letterbox, we will leave you a note informing you of how to rearrange delivery or
collect the products from a local depot.
6.5. If you do not collect the products from us as arranged or if, after a failed delivery to you,
you do not re-arrange delivery or collect them from a delivery depot we will contact you for further
instructions and may charge you for storage costs and 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.
6.6. A product will be your responsibility from the time we deliver the product to the
address you gave us, you collect it from us, or delivery is impossible due to non-payment of any import duties which you have not chosen to pay yourself (this last does not apply to landed price goods, or when you have chosen to have us handle duties for you by purchasing the duty/tax paid service from us).
6.7. You will own the product once we have received payment in full.
6.8. If you do not pay us for the products when you are supposed to (see clause 11.4) and you still
do not make payment within 10 days of us reminding you that payment is due, we may suspend supply of
the products until you have paid us the outstanding amounts. We will contact you to tell you we are
suspending supply of the products. We will not suspend the products where you dispute the unpaid
invoice. We will not charge you for the products during the period for which they are suspended. As
well as suspending the products we can also charge you interest on your overdue payments (see clause
11.6).
7. Your rights to end the contract
7.1. 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:
7.1.1. if what you have bought is faulty or misdescribed you may have a legal right to end the
contract (or to get the product repaired or replaced or to get some or all of your money back), see
clause 10;
7.1.2. if you want to end the contract because of something we have done or have told you we are
going to do, see clause 7.2;
7.1.3. if you have just changed your mind about the product, see clause 7.3. You may be able to get a
refund if you are within the cooling-off period, but this may be subject to deductions;
7.1.4. in all other cases (if we are not at fault and there is no right to change your mind).
7.2. If you are ending a contract for a reason set out at 7.2.1 to 7.2.3 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:
7.2.1. 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;
7.2.3. there is a risk that supply of the products may be significantly delayed because of events
outside our control;
7.2.4. you have a legal right to end the contract because of something we have done wrong.
7.3. For most products bought online you have a legal right to change your mind within 14 days and
receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more
detail in these terms.
7.4 Please note, these terms reflect the goodwill guarantee offered by Herring Shoes to its UK
customers, which is more generous than your legal rights under the Consumer Contracts Regulations in
the ways set out below. Please click here for full details of our Returns
Policy. This goodwill guarantee does not affect your legal rights in relation to faulty or
misdescribed products (see clause 10.2):
| Right under the Consumer Contracts Regulations 2013 |
How our goodwill guarantee is more generous |
| 14 day period to change your mind. |
28 day period to change your mind. |
| Consumer to pay costs of return. |
We offer prepaid returns at well below standard costs |
7.5. You have 14 days after the day you (or someone you nominate) receives the goods, unless your
goods are split into several deliveries over different days. In this case you have until 14 days
after the day you (or someone you nominate) receives the last delivery to change your mind about the
goods.
8. How to end the contract with us (including if you have changed your mind)
8.1. To end the contract with us, please let us know by doing one of the following:
8.1.1. Phone or email. Call customer services on +44(0)1548 854886 or email us at info@herringshoes.co.uk. Please provide your name,
home address, details of the order and, where available, your phone number and email address.
8.1.2. Online or by Post. Complete the return form included in your parcel. If this is lost or
missing you can download and print this return form.
8.2. 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 to where you
bought them, post them back to us at Returns Department, Herring Shoes Ltd, Old Station Yard,
Kingsbridge, Devon TQ7 1ES or (if they are not suitable for posting) allow us to collect them from
you. Please call customer services on +44(0)1548 854886 or email us at info@herringshoes.co.uk for a return label or to
arrange collection. 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.
8.3. We will pay the costs of return:
8.3.1. if the products are faulty or misdescribed;
8.3.2. 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;
or
8.3.3. if you are exercising your right to change your mind.
8.3.4. In all other circumstances you must pay the costs of return unless we have provided a free
return label with your shipment or we are legally obliged to offer a free return by country specific
legislation.
8.4. 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.
8.5. If you are exercising your right to change your mind:
8.5.1. 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 handled them in an unacceptable way, you must pay us an appropriate
amount.
8.5.2. The maximum refund for delivery costs will be the costs of delivery by the least expensive
delivery method we offer. For example, if we offer delivery of a product within 3 - 5 days at one
cost but you choose to have the product delivered express at a higher cost, then we will
only refund what you would have paid for the cheaper delivery option.
8.6. We will make any refunds due to you as soon as possible. If you are exercising your right to
change your mind then:
8.6.1. 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 8.2;
8.6.2. in all other cases, your refund will be made within 14 days of your telling us you have
changed your mind
8.6.3. in cases where goods are returned after 30 days, we reserve the right to provide a gift voucher for the value of the returned goods in place of a refund.
9. Our rights to end the contract
9.1. We may end the contract for a product at any time by writing to you if:
9.2. you do not make any payment to us when it is due and you still do not make payment within 10
days of us reminding you that payment is due;
9.3. 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;
9.4. you do not, within a reasonable time, allow us to deliver the products to you or collect them
from us.
10. If there is a problem with the product
10.1. 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 +44(0)1548 854886 or write to us
at info@herringshoes.co.uk or by post to Herring Shoes
Ltd, Old Station Yard, Kingsbridge, Devon TQ7 1ES. Alternatively, please speak to one of our staff
in-store.
10.2. If you wish to exercise your legal rights to reject products you must either return them in
person to where you bought them, post them back to us or (if they are not suitable for posting)
allow us to collect them from you. We will pay the costs of postage or collection. Please call
customer services on +44(0)1548 854886, email us at info@herringshoes.co.uk
for a return label or to arrange collection.
11. Price and payment
11.1. The price of the product (which includes VAT where applicable) will be the price indicated on
the order pages when you placed your order. We take all reasonable care to ensure that the price of
the product advised to you is correct. However please see clause 11.3 for what happens if we
discover an error in the price of the product you order.
11.2. 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.
11.3. 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.
11.4. We accept payment with Visa, Mastercard, American Express, Discover, Paypal, AmazonPay and
ApplePay. When you must pay depends on what product you are buying:
11.5. You must pay for the products before we dispatch them. We will not charge your credit or debit
card until we dispatch the products to you.
11.6. If you do not make any payment to us by the due date we may charge interest to you on the
overdue amount at the rate of 5% a year above the base lending rate of the Bank of England from time
to time. This interest shall accrue on a daily basis from the due date until the date of actual
payment of the overdue amount, whether before or after judgment. You must pay us interest together
with any overdue amount.
12. How we may use your personal information
12.1. We will only use your personal information as set out in our Privacy
Policy.
13. Other important terms
13.1. We may transfer our rights and obligations under these terms to another organisation.
13.2. Nobody else has any rights under this contract (except someone you pass your guarantee on to).
This contract is between you and us. No other person shall have any rights to enforce any of its
terms in respect of our guarantee. Neither of us will need to get the agreement of any other person
in order to end the contract or make any changes to these terms.
13.3. 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.
13.4. 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.
13.5. 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.
Copyright and database rights
All content included on Herring shoes website, such as text, graphics and photos are protected by
United Kingdom and international copyright and database right laws. The compilation of all content
on this website is the exclusive property of herringshoes.co.uk and its affiliates and is protected
by United Kingdom and international copyright and database right laws. All software used on this
website is the property of herringshoes.co.uk and is protected by United Kingdom and international
copyright laws.
Use of our images and content by third parties
You are welcome to use images of Herring-branded products from this site in a good
faith manner such as honest reviews, articles, discussion forums or blog posts. Please do not
use our images of non-Herring branded products for this purpose - in this case we would ask you to
source such images from the website of the product manufacturer instead.
In addition to the provisions in 'Copyright and database rights' above, we specifically
forbid the use of any product images or text on this site for the purposes of promoting, selling
or marketing the pictured product, or any other product, unless prior permission has
been given by both Herring Shoes Ltd and the owners of the product brand. This includes use of
scraped images and hotlinking. We will take whatever action we can to have any offending content
removed, including legal action where necessary.
We take our duty to protect our customers and brand reputation - and those of our suppliers - very
seriously. We have already been successful in having several websites identified as fraudulent and
in having content removed from many others.
This site uses cookies. Cookies are small text files which are saved to your computer via your web
browser. They can't be run like programs and can't do anything to your computer.
We use cookies to make sure the site is working properly and get general usage information such as
which pages are most popular (via google analytics), and also to provide bits of helpful
functionality such as wishlists.
Herring Shoes cookies do not contain personally identifiable information such as email addresses.
Even if you purchase shoes from us and therefore register as a customer, no personal information is
saved in a cookie, just a random string of letters and numbers. We do, however, use this data to
enhance your customer experience by matching it within our data structures to your account.
Herring Shoes only uses first-party cookies for the majority of our tracking, however some services
such as Google Certified Shops, Criteo and Fresh Relevance, are from a third party cookie. There may
also be cookies from other technology partners from time to time, but these do not contain any
personally identifiable data such as email addresses or passwords.
We also use cookies so that you see relevant ads on other websites, rather than random ones. You can
easily update your preferences here: http://www.criteo.com/privacy/.
You can find out more about cookies and how to manage them here: http://www.aboutcookies.org/.
Privacy Policy and GDPR
Click here to view our detailed Privacy Policy.
GDPR is the regulation that is designed to ensure that your data is managed and looked after in a
sensible and secure way and with your consent.
Herring Shoes has always acted in a responsible way regarding your data. As an example, our mailing
list has always been explicitly opt-in for marketing purposes and unsubscribing is a simple process
using the unsubscribe link at the foot of every email.
Herring shoes has carried out audits of all of the uses we make of your data and have implemented
gudelines for our staff that cover, among other things; who is allowed to process your data, how
that data is secured on our network, what data we need to keep for a longer term to satisfy legal
and accounting requirements and when we should delete data that is no longer required.
If you have any questions regarding GDPR and how we are using your data then contact us at info@herringshoes.co.uk.
We have also audited our external partners to check that they comply with the GDPR regulations so you
can be assured that we have taken the required steps to make sure we are treating your data with the
respect it deserves. You can see Collect Plus terms here.
Other websites
This privacy policy only covers this website. While we carefully select the Web sites to which we
link, we are not responsible for the privacy practices or the content of these Web sites.
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