This site is owned and operated by The Herdy Company Limited of 13-15 Stramongate, Kendal, Cumbria, LA9 4PU. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at firstname.lastname@example.org or 01539 739202.
1. The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide when completing the order form. Our acceptance of your order brings into existence a legally binding contract between us; this contract does not affect your statutory rights.
2. Ownership of rights
All rights, including copyright, in this website are owned by or licensed to The Herdy Company Limited. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or re-post anything on this website for any purpose.
All orders are subject to acceptance and availability. If the Goods you have ordered are not available from stock, we will contact you by e-mail or phone. You will have the option either to wait until the item is available from stock or to cancel your order, or accept a substitution. If we send substitute goods and they are not satisfactory the cost of returning these goods will be borne by us.
In the unlikely event that it is not possible to accept your order of the specification and description at the price indicated, we will advise you by email, offer to sell you the goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.
The prices payable for goods that you order are as set out in our website. All prices are inclusive of VAT at the current rate and are correct at the time of entering information. At the point of ordering, delivery costs will be shown.
5. Payment terms
We will debit for payment upon receipt of your order unless delivery cannot be fulfilled within 30 days. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from your account then we can cancel the contract and or suspend any further deliveries to you.
6. Delivery charges
Delivery charges will vary according to the type of goods ordered and the delivery address, the prices are shown at the point of ordering.
You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations.
We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
8. Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction. If you cancel the order the goods return to our possession and you have to take reasonable care of the goods until posted or collected by us.
9. Acknowledgement and acceptance of your order
You will need to provide us with your e-mail address and we will notify you by e-mail as soon as possible to confirm receipt of your order and provide the prior information and e-mail you again to confirm details. An acceptance of your order will take place on despatch of the good(s) ordered.
10. Cancellation rights
Under the Distance Selling Regulations you have the legal right to cancel your order within seven days of receipt of your goods (with the exception of any personalised items & earrings). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. However, you will need to notify us if you wish to cancel your contract.
You cannot cancel your contract if the goods you have ordered are newspapers or magazines or if you have taken any audio or video recording or computer software out of the sealed package in which it was delivered to you.
If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
Once you have notified us that you are cancelling your contract, any sum debited to us from your debit or credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
You will be re-credited for the costs incurred in returning faulty or unsatisfactory goods.
11.1 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us at our contact address of the problem within 60 days of the date on which you ordered the goods (unless this is not reasonably practicable). If you notify a problem to us under this condition, our only obligation will be, at your option:
- to make good any shortage or non-delivery;
- to replace or repair any goods that are damaged or defective; or
- to refund to you the amount paid by you for the goods in question in whatever way we choose.
11.2 Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.
You may not transfer any of your rights under these Product Terms & Conditions to any other person. We may transfer our rights under these Product Terms & Conditions to another business where we reasonably believe your rights will not be affected.
If you breach these Product Terms & Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Product Terms & Conditions.
We shall not be responsible for any breach of these Product Terms & Conditions caused by circumstances beyond our reasonable control.
These Product Terms & Conditions are subject to English law. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so in England, Scotland, Wales or Northern Ireland.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
13. Online Gift Vouchers: Terms and Conditions
Online gift vouchers are only redeemable online at herdy.co.uk. Online gift vouchers are not redeemable on herdysleep.com
Online gift vouchers when available can be purchased online at herdy.co.uk with a minimum value of £10 and a maximum value of £500.
Online gift vouchers cannot be exchanged for cash. We do not give change or refunds for online gift vouchers.
If you are using online gift vouchers and the total order value is less than the value of the voucher, any balance will remain and may be applied to future purchases, provided that the card has not expired.
Online gift vouchers will expire 24 months after purchase. After this time any remaining balance will be deducted and the online gift voucher will expire.
If you return goods you have purchased using online gift vouchers, we'll credit monies owing to your online shopping account. This does not affect your statutory rights. Monies owing will be refunded to your online gift voucher. Please check the balance of your online gift voucher by logging into your online account and select the gift card option.
Exchanges in herdy stores for goods bought online with online gift vouchers: Goods purchased online can be exchanged for goods of the same value if they are in the original packaging. No change or cash refunds can be given.
Please treat online gift voucher like cash. Herdy cannot replace or reimburse the balance of the online gift voucher if lost, stolen or damaged.
We reserve the right to refuse to accept an online gift voucher if we believe it to be duplicated or which is suspected to be affected by fraud.
14. In-Store Gift Cards: Terms and Conditions
Herdy reserves the right to update and change the terms and conditions of our Herdy gift cards at any time. This does not affect your legal rights. Use of your Herdy gift card constitutes acceptance of our Terms and Conditions and we therefore recommend you read them carefully. Herdy gift cards remain the property of Herdy who maintains the right to cancel the card in situations where it is deemed necessary to do so.
The value of your Herdy gift card can be redeemed in any Herdy Shop excluding our online shop.
The gift card balance cannot be exchanged for cash or redeemed against the purchase of another card.
You can Top-Up or perform a Balance enquiry at any Herdy Shop by taking your card to the till point.
Your Herdy gift card is valid for a period of 12 months from the date of activation, after which any remaining balance will be removed and the card will become invalid and no longer available for use.
14.3 Lost/ Stolen/ Damaged
In cases where your Herdy gift card is lost or stolen, Herdy is unable to replace or reimburse the remaining balance on a card. Herdy cannot be held responsible for any balance lost on a Herdy gift card as a result of theft or fraud.
Should your Herdy gift card become damaged, Herdy will be able to replace the card providing you still have the card in your possession and the necessary details can be obtained.
14.4 Crediting a Herdy gift card
Should you return product(s) purchased using a Herdy gift card for an exchange of a lesser value, any refund amount due will be credited to the original gift card. In the event that you may no longer have the original gift card, a new Card will be issued to you with the refund amount applied.
If a partial refund is made for any purchase using a Herdy gift card and another method of payment, then any refund amount owing will be credited to the Herdy gift card in the first instance.
If the total to be refunded is more than originally paid by Herdy gift card, then any remaining refund balance will be refunded to the other method of payment used (debit/credit card or cash).
14.5 Governing Law and jurisdiction
These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
15. Pre-Ordering: Terms and Conditions
15.1 Pre-order: Reservation
Pre-released orders (“Pre-orders”) are orders for products (“Products”) that are not yet available for general sale from The Herdy Company Limited.
In order to place a Pre-order, you will need to provide certain information, including but not limited to your name, address and billing information. It is your responsibility to ensure this information is accurate and up to date. If we do not have accurate information, we will not be able to keep you informed.
15.2 Pre-order: Availability
Pre-order payments do not guarantee availability of the Product but represent your offer (“Offer”) to buy the Product when it is generally released for sale. We reserve the right not to accept your Offer and the your Offer is only accepted once the Pre-ordered product is despatched.
When you place a Pre-order you will need to pay the full upfront price of the Product. You may cancel your Pre-order and get a full refund of your Pre-order Payments at any time before the Product has been despatched.
15.3 Pre-order: Delivery
Where possible, orders will be shipped to you or be ready for collection as soon as is practicable, subject to availability. For some areas delivery will take longer.
Release dates are subject to change. As a result, we cannot be liable for any changes to Release dates or Pre-order windows advertised by us.
15.4 Pre-order: Cancellation
Either party may cancel a Pre-order at any time for any or no reason prior to our notice to you that the Product has been despatched (“Despatch Notice”). If cancellation occurs before the Despatch Notice, you will be entitled to a full refund of your Pre-order payment.
The purchase of the Product is subject to additional terms and conditions, which will be notified to you before you complete your purchase, in your order confirmation. When you buy from our online shop, our online shop purchasing terms will also apply.
We reserve the right to amend these Terms. Please check our website for updates.
17. Customer Services
If you have any queries, please contact us at the address below. Herdy® is a registered trade mark and is used under licence by The Herdy Company Limited. All rights reserved 2022.
The Herdy Company Limited
Company No. 06314903
Telephone: 01539 739202
Fax: 01539 739202