Welcome to the Hope & Hart’s website terms and conditions for use. If you continue to use this website at www.HopeandHart.com you are agreeing to comply with and be bound by the following terms and conditions of use.

Using this website indicates that you accept these terms regardless of whether or not you choose to register or order from us. If you do not accept these terms, do not use this website.

These terms and conditions describe the basis for the purchase by you and sale by us of the goods described on www.HopeandHart.com (the Website) which we own and maintain.

The Hope & Hart website is hosted by: Siteground using WordPress, Siteground and WordPress provide us with the online e-commerce platform that allows us to sell our products and services to you.

Hope & Hart is owned by Hope and Hart Limited. We are registered in England and Wales under company number – 08636027.

General email: hello@hopeandhart.com

 

PLEASE NOTE:

All items sold at Hope and Hart are delicately handmade in London, in the event an item is made to order please allow up to eight (8) weeks for your item(s) to be dispatched. Any exclusions will be noted in the product description.

If you require any further information, please contact us at: hello@hopeandhart.com

Our Products

The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

Although we have made every effort to be as accurate as possible, because our Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our site may vary slightly due to the nature of the materials we use as they can vary slightly in thickness.

In addition, you should note that we cannot guarantee a uniformed appearance to each Product as they are handmade from natural materials and slight imperfections may occur. These imperfections include (but are not limited to), texture and colour variations, natural wrinkles, markings.

The packaging of the Products may vary from that shown on images on our site.

All Products shown on our site are that made to order will be marked on the individual product page. We will inform you by e-mail as soon as possible if we are unable to process your order.

 

OVERSEAS ORDERS

Please be aware ALL ORDERS delivered to an address outside of the United Kingdom MAY be charged import duties by local customs and excise services. PLEASE NOTE Hope and Hart is not liable for any charges for goods shipped overseas.

For more information please contact your local postage/import service for more information.

All goods are shipped from the United Kingdom. All Returns need to be shipped back to the United Kingdom at the customer’s expense in its original packaging, as it was sent to you. We are currently unable to exchange outside of the UK if an exchange is required, we would suggest you return the item(s) and then re-purchase the correct one(s).

1. Introduction

1.1 You will be able to access most areas of this website without registering your details with us. However, some areas of this website are only open to you if you register.

1.2 We may revise these terms and conditions at any time. You should check this website page occasionally to review the current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this website.

2. Ordering from us

2.1 You are deemed to place an order with us by ordering via our online checkout process. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process as any amendments to your order cannot be guaranteed after you have submitted your order. We will send you an order acknowledgement, detailing the products you have ordered. By placing an order on this Website, you confirm that you have read these terms and conditions and the Privacy Policy, and that you agree to them. You should keep a copy of these terms and conditions for future reference. We will not always file a copy of orders made by you in guidance to GDPR.

2.2 We will confirm our acceptance of your order for goods by sending you an email confirming that the goods have been dispatched (“Dispatch Confirmation”). The contract between us will only be formed when we send you the Dispatch Confirmation (the “Contract”). These terms and conditions, the Dispatch Confirmation and any other information relating to the goods which we have brought to your attention are incorporated into the Contract. The Contact will only relate to those goods which have been confirmed in the Dispatch Confirmation and we will not be obliged to supply any other goods which you have ordered until we have sent you a separate Dispatch Confirmation in respect of such goods.

2.3 We may refuse to accept an order:

(a) where goods are not available;

(b) where we cannot obtain authorisation for your payment;

(c) if there has been a pricing or product description error; or

(d) if you do not meet any eligibility criteria set out in our terms and conditions.

2.4 Please be aware all orders delivered to an address outside of the United Kingdom may be charged import duties by local customs and excise services

(a) Hope and Hart is not liable for any charges for goods shipped overseas.

(b) any item being returned overseas must be returned to the United Kingdom at the customers expense

(c) We do not currently accept exchanges from overseas customers.

3. Pricing and How to pay

3.1 Hope and Hart prices are inclusive of VAT. Delivery costs will be charged in addition unless otherwise stated. These additional charges are clearly displayed where applicable and included in the total cost.

3.2 Hope and Hart uses PayPal and Stripe as our payment operators. Any surcharges applied at payment stage are subject to PayPal’s or Stripe’s terms and conditions. Hope and Hart has no control or influence over what surcharges PayPal/Stripe decides to charge. Hope and Hart also has no control over what payment options PayPal/Stripe decides to offer to its customers.

3.3 We may from time-to-time offer discount vouchers as a result of your purchase of Products from our site. All such vouchers are personal to the person who placed the order and are strictly non-transferrable.

4. Delivery, Cancellation and returns policy

4.1 If you wish to cancel your order:

(a) you can notify us by email at hello@HopeandHart.com before we have dispatched the goods to you; or

(b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 below.

(c) if a request for a personalised/ custom order has been made, this can only be cancelled provided it has not already been started.

4.2 You can return goods you have ordered from us within 14 days of receipt or 7 days for SALE items, from the date of the dispatch note emailed to you for a full refund or exchange. The cost of returning goods to us shall be carried by Hope and Hart up to the postage value of £5.95 for full priced items only. This is for standard Signed for delivery from a courier of our choice. For you to be eligible​ for free returns your item must be full priced, you must be able to print out the shipping label emailed to you and drop it off at a local drop off point. These details will also be emailed to you. FREE returns are only available under these terms and with a valid email address. If you are unable to meet these conditions, then we will not be able to provide a free return and the return cost must be carried out by you the customer. The cost of returning sale items shall be carried out by the customer.

Returns to Hope and Hart can ONLY be made via post.

(a)Any personalised /custom item(s) cannot be refunded or exchanged unless faulty (Please see 4.2 (h)). Please note personalised /custom made items are hand crafted and printed, as a result Hope and Hart does not deem the following (but not limited to) as faulty variation in material colours, the embroidery hoop slightly splintering, a small difference in embroidery floss colour, variation of textures on the fabric.

(b)To be eligible for a return, your item must be unused and in the same condition that you received it. It must be in all the original packaging with the labels attached, how it was received not tampered with. We will be unable to accept returns that are not returned in the correct way. You cannot return the goods where the goods have been tampered with or used unless the goods are faulty or not as described on arrival.

(c) Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. Hope and Hart will also notify you of the approval or rejection of your refund.

(d) In the event that an item has been rejected by Hope and Hart you will be notified via email and will be liable for any return delivery costs. Please be advised that you will be charged for the cost of return postage and any re-delivery charges for exchanges if the item isn’t faulty.

(e) If you are approved, then your refund will be processed, and the credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

If you haven’t received a refund after 14 working days, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at hello@HopeandHart.com

(f) The customer is responsible for the item(s) up until it is safely returned to us. Hope and Hart does not guarantee that we will receive your returned item(s), Hope and Hart recommends when returning an item(s) you use a tracked postal option that is insured to the correct value by the courier service as Hope and Hart will not accept any liability for loss or damage during transit back to our return address. Hope and Hart will notify you via email once the item(s) have been received. If the postage has been paid by the customer, it will be the customers responsibility as the sender it to reclaim any compensation for the item(s) that have been lost or damage in transit from the courier company they have chosen. If Hope and Hart has paid for the postage it will be our responsibility to reclaim any compensation from the courier.

(g) Please be advised that you will be charged for the cost of return postage and any re-delivery charges for exchanges if the item isn’t faulty.

(h) If you have purchased a sale item you deem to be faulty, the cost of postage is still the responsibility of the customer. Once we have received the item back and it’s agreed by us the item is faulty, Hope & Hart will refund you the postage cost with a valid receipt from the Post Office/Courier up to the value of £6.95.

The provisions of clause 4.2 do not affect your statutory rights.

4.3 Please note, we are unable to deliver to PO, MAIL, BFPO and APO Boxes.

4.4 Please be aware all orders delivered to an address outside of the United Kingdom may be charged import duties by local customs and excise services.

(a) Hope and Hart is not liable for any charges for goods shipped overseas.

(b) Any item being returned overseas must be returned to the United Kingdom at the customers expense.

(c) We do not currently accept exchanges from overseas customers.

4.5 A signature is required with all shipping methods over the total order cost of £10, therefore, once the item has left our premises, we can take no responsibility or liability for lost, stolen or damaged packages, all items are insured via the courier. If your item(s) goes missing, we are unable to offer a refund. We retain all proof of postage which is available upon request with the courier service Hope and Hart decides to use. However, should you be unfortunate enough to receive damaged, lost or stolen goods, let us know immediately. Please retain all relevant documentation and obtain photographs of the damaged packaging/item so that we can make an insurance claim against the carrier’s insurers. If you are unable to open the damaged package in the presence of the carrier, make sure that you sign for it as “Damaged package; goods not yet inspected” to warn the carrier that a claim may follow.

4.6  Any lost / damaged mail will be replaced up to the value of compensation you chose and sent to the original delivery address or paid to the original payment method. Eg. should you place an order for the value of £40 but you chose the FREE postage option you will only receive compensation via a refund/exchange to the value of £20. ​

4.7 If the parcel has been returned to the Courier depot, after three (3) new delivery attempts the parcel will be returned to the Hope and Hart, as undeliverable. We are unable to resend packages to the same address that are returned to us as undeliverable. In that case, we will refund the Customer the value of the goods ordered if Free delivery was selected at checkout this cost WILL be deducted from the overall value of the order. It can take up to 15 working days for Hope and Hart to process your refund starting from the date the courier has returned the parcel. ​

4.9 Please insure you input the correct delivery address. Any order sent to an incorrect address provided will only be resent when we have received the item(s) back from the courier, this process can take 8 weeks or more. You as the buyer will then be responsible for the postage to resend the order.  (Please note personalised orders will not be eligible for a refund, once we receive the order back you will have to pay the additional postage to receive your items.)

4.10 Should you wish to use your own courier service to return your items back to use, please ensure you use a recorded service as we are unable to process a refund or exchange if your items do not arrive in our warehouse. If you decide to use your own courier service, that fee will be borne by yourself and we will not be able to reimburse it.

5. License

5.1 You are permitted to print and download some extracts from this website for your own use on the following basis:

(a) no documents or related graphics on this website are modified in any way;

(b) no graphics on this website are used separately from accompanying text; and

(c) any of our copyright and trade mark notices and this permission notice appear in all copies.

(d) any products from this website may not be downloaded or printed.

5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this website automatically terminates and you must immediately destroy any downloaded or printed extracts from this website.

5.3 Subject to clause 5.1, no part of this website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

5.4 Any rights not expressly granted in these terms are reserved.

5.5 The “Hope and Hart” Logo, the “DS London” Logo and the “Dirty Stag” Logo are registered Trademarks, owned by Hope and Hart Limited. If any trademark infringement takes place Hope and Hart Limited will take immediate action against the perpetrator(s) we deem appropriate. All rights reserved.

6. Service access

6.1 While we endeavor to ensure that this website is available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period. This may include but is not limited to

(a) Content

(b) Products

(c) Received order/completed order email.

6.2 Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance, or repair or for reasons beyond our control.

7. Visitor material and conduct

7.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to this website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

7.2 You are prohibited from posting or transmitting to or from this Website any material:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

(b) for which you have not obtained all necessary licences and/or approvals;

(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to

the law of or infringe the rights of any third party, in the UK or any other country in the world; or

(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted

data or other malicious software or harmful data).

7.3 You may not misuse this website (including, without limitation, by hacking).

7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.

8. Links to and from other websites

8.1 Links to third party websites and social media services operated by third parties on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third-party websites and social media services and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk.

8.2 If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page of this

website, and subject to the following conditions:

(a) you do not remove, distort or otherwise alter the size or appearance of the Hope and Hart logo;

(b) you do not create a frame or any other browser or border environment around this website;

(c) you do not in any way imply that we are endorsing any products or services other than our own;

(d) you do not misrepresent your relationship with us nor present any other false information about us;

(e) you do not otherwise use any “Dirty Stag”, “DS London” or “Hope and Hart” trademarks displayed on this website without our express written permission;

(f) you do not link from a website that is not owned by you; and

(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem

appropriate.

8.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.

9. Registration

9.1 To register with www.hopeandhart.com you must be over eighteen years of age and possess a valid credit or debit card issued by a bank acceptable to us.

9.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. We do not have the means to check the identities of people using the Website and will not be responsible for losses suffered by you where your Account Details are used by someone else unless this is due to our negligence.

9.3 You are responsible for maintaining the confidentiality of your Account Details and are responsible for all activities that are carried out under them. If you know or suspect that someone else knows your password, you should contact us immediately

9.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

9.5 You confirm that:

(a) any 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; and

(b) you will not impersonate any other person (living or dead), misrepresent your connection with a person or entity, or provide false or otherwise misleading information;

(c) you will at all times comply with these terms and conditions.

10. Disclaimer

10.1 While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The

material on this website may be out of date, and we make no commitment to update such material.

10.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this website.

11.Liability

11.1 Hope and Hart, or any other party (whether or not involved in creating, producing, maintaining or delivering this website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this website or any websites linked to this website.

11.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

11.3 If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

11.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this website, or the use by any other person using your registration details.

11.5 Hope and Hart accepts no responsibility or liability for personal injury from any Hope and Hart product or packaging.

11.6 All of Hope and Hart’s products and packaging are not suitable for children. Any injury resulting from our items Hope and Hart will not be liable.

12. Governing law and jurisdiction

12.1 these terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

12.2 Hope and Hart does not warrant that materials/items for sale on the website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk, and you are responsible for compliance with local laws.

13. IP Addresses

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns and does not identify any individual.

14. Cookies

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and allows us to improve our site. Our website uses cookies to provide you with a better experience when you browse our website.

15. Your rights

Your rights include the following:

15.1 the right to ask us to update and correct any out-of-date or incorrect personal information that we hold about you free of charge; and

15.2 the right to opt out of any marketing communications that we may send you.

15.3 If you wish to unsubscribe from, these include but are not limited to, any postal, telephone or email communications from us or exercise any other of the above rights please contact us at hello@hopeandhart.com

16. Miscellaneous

16.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions

16.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will

not affect the validity of the remaining provisions which shall continue to have full force and effect.

16.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

17. Current Promotions and % OFF Codes

17.1 All % off promotions (these include 10%, 20% etc.) that we run are valid on all full price items from www.hopeandhart.com.

17.2 Excludes seconds and sale items.

17.3 Any Hope and Hart offer is not valid in conjunction with any other offer, codes or promotion. Only one code can be used at a time at the checkout stage.

17.4 Hope and Hart reserve the right to cancel any order that infringes these conditions.

17.5 Hope and Hart reserve the right to terminate any promotion without notice.

18. Competitions

18.1 Any active competition will be stated with our competition rules and terms of use on the platform(s) of our choosing. We reserve the right to terminate any running competition at any time without notice.

All prizes are non-transferable, nor can they be exchanged for their cash value.

18.2 Eligibility. The competition is only open to persons aged 18 or older or with the permission of a parent or guardian over the age of 18. By entering, entrants confirm that they are meeting the requirements of the chosen platform. Hope and Hart release the chosen platform(s) of all responsibility and agree to the platform’s terms of use.

18.3 Data Protection. The Promoter will collect personal information for the purpose of administering this competition and, where you have indicated that you consent to it, future promotional activity or marketing communication from Hope and Hart. For Hope and Hart’s Privacy Policy, visit here

18.4 General. Winners may be required to participate in publicity arising from this promotion. By participating in this competition the entrant grants Hope and Hart the right to use the photographs for all general purposes in relation to Hope and Hart’s work, without limitation, the right to use them in any publicity materials, social media, website, books, newspapers, and magazine articles whenever Hope and Hart chooses to do so.

18.5 This offer is not valid in conjunction with any other discount code or offer. The Promoter reserves the right to change, adapt or withdraw the promotion at any time during the promotional period.

18.6 The Promoter Hope & Hart is owned by Hope and Hart Limited. We are registered in England and Wales under company number – 08636027 – hello@hopeandhart.com

If you would like any more information about our terms and conditions or have any questions, please get in contact with us at hello@hopeandhart.com

19. Fundraising

19.1 Hope and Hart will donate 10% of the profits from every order placed at www.hopeandhart.com to a UK Baby Loss charity of its choice. If you would like more information regarding this, send an email to Hello@hopeandhart.com or use our contact page.

20. Miscellaneous

20.1 Hope and Hart reserve the right to change or update these terms and conditions without notice.