Terms & Conditions
Welcome to Harvey James. Harvey James provides access to the Harvey James website (the "website") and sell our products to you subject to the conditions set out on this page.
Please read these conditions carefully before using the Harvey James website. By using the Harvey James website, you signify your agreement to be bound by these conditions. In addition, when you use any current or future Harvey James service, you will also be subject to the guidelines and conditions applicable to that service.
1. YOUR ACCOUNT
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the My Account area of the website.
Harvey James reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
Please review our Privacy Notice, which also governs your visit to Harvey James, to understand our practices.
3. ACCESS TO HARVEY JAMES
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
4. LICENCE FOR WEBSITE ACCESS
Harvey James grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Harvey James. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Harvey James and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Harvey James's or its affiliates' names or trademarks without the express written consent of Harvey James. Any unauthorised use terminates the permission or license granted by Harvey James.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Harvey James as long as the link does not portray Harvey James, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
5. YOUR CONDUCT
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not Harvey James, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
- for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
- to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
- to cause annoyance, inconvenience or needless anxiety.
6. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Harvey James reserves the right (but not the obligation) to remove or edit any content.
If you do post content or submit material, and unless we indicate otherwise, you
- grant Harvey James and its affiliates a non-exclusive, royalty-free and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
- Harvey James and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Harvey James, including the execution of deeds and documents, at the request of Harvey James.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Harvey James: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Harvey James policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Harvey James and its affiliates for all claims brought by a third party against Harvey James or its affiliates arising out of or in connection with a breach of any of these warranties.
7. DEFAMATION CLAIMS
Because Harvey James lists thousands of products for sale on the website and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, Harvey James operates on a "notice and takedown" basis. If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please contact us immediately. Once contacted, Harvey James will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.
8. COPYRIGHT, AUTHORS' RIGHTS AND DATABASE RIGHTS
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Harvey James, its affiliates or its content suppliers and is protected by international copyright, database right laws. The compilation of all content on this website is the exclusive property of Harvey James 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 Harvey James, our affiliates or our software suppliers and is protected by UInited Kingdom and international copyright laws.
You may not systematically extract and/or re-utilise parts of the contents of the website without Harvey James's express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Harvey James's express written consent. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this website without Harvey James's express written consent.
9. INTELLECTUAL PROPERTY CLAIMS
Harvey James and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please contact us.
Harvey James and other marks indicated on our website are trademarks or registered trademarks of Harvey James or its subsidiaries, in the European Union and/or other jurisdictions. Harvey James's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Harvey James. Harvey James's trademarks and trade dress may not be used in connection with any product or service that is not Harvey James's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Harvey James. All other trademarks not owned by Harvey James that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Harvey James.
11. CONDITIONS RELATING TO THE SALE OF PRODUCTS TO YOU
Title of Goods
Title to the goods does not pass to the purchaser until the goods have been paid for in full.
Claims and Shortages
Notification of damage or shortages must be made to Harvey James as soon as possible and certainly within 7 days of receipt of goods. Notification of non-delivery must be made within 14 days of invoice date.
We are careful to ensure that descriptions and photographs represent correctly the products available. As it is our policy to continually improve products, methods and materials, we reserve the right to change specifications from time to time. We will not make any significant variations without your agreement. Goods sold at discount prices as remnants or as substandard stock will be identified and will be stated to be sold as such.
Your Right to Cancel
We offer a ‘no quibble’ refund policy for any goods (other than those listed in our returns policy) for any goods returned within 14 days of receipt so long as they are in "Perfect Condition" and fit for "Re-Sale" at their full selling price. This will not affect your statutory rights.
Summary of Rights and Remedies According to The Sale of Goods Act 1979
Buyers are entitled to goods of satisfactory quality, taking account of any description, the price and other relevant circumstances. If an item has a fault that is present at the time of sale (sometimes referred to as an "inherent" fault), the consumer can complain once it is discovered.
If a product that was faulty at the time of sale is returned to the retailer, the buyer is legally entitled to:
- A full refund, if this is within a reasonable time of the sale ("reasonable time" is not defined in law but as a reasonable guide is considered to be within 4 weeks of receipt of goods – This guideline was advised by ‘Trading Standards’)
- A reasonable amount of compensation
Additional rights for consumers
Alternatively, consumers can choose to request instead:
- A repair or replacement. The retailer can decline either of these if he can show that they are disproportionately costly in comparison with the alternative. If neither repair nor replacement is realistically possible, consumers can request instead:
- A partial or full refund, depending on what is reasonable in the circumstances.
It may be the case that a full refund is not the reasonable option because the consumer will have enjoyed some benefit from the goods before the problem appeared. This needs to be taken into account before a reasonable partial refund can be assessed – In the case of hockey sticks where their expected life is one season (9 months), any refund offered would take into account the age of the stick based on their expected life. In the case of cricket bats where their expected life is two seasons (18 months), any refund offered would take into account the age of the bat based on their expected life.
12. OUR CONTRACT
When you place an order to purchase a product from Harvey James, we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send email confirmation to you that we've dispatched that product to you (the "Dispatch Confirmation Email"). That acceptance will be complete at the time we send the Dispatch Confirmation Email to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation Email to you do not form part of that contract.
Please review our Returns Policy, which applies to products purchased from us. In addition to your 14-day returns guarantee, customers in the European Union are entitled to a statutory cooling-off period of seven business days. Details of this statutory right are provided in the Returns Policy.
14. PRICING AND AVAILABILITY
We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by email if any products you order turn out to be unavailable.
Despite our efforts, a small number of the thousands of products in our catalogue may be mispriced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
All prices listed are inclusive of VAT, unless otherwise stated. All orders to address within EU member states will be charged VAT at the current rate, where applicable. For more inofrmation please review our Payment Options and VAT guide.
15. HEALTH & SAFETY
By purchasing any product, you acknowledge that you have read and understood our Health & Safety Guidelines.
16. ELECTRONIC COMMUNICATIONS
When you visit Harvey James or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
17. ALTERATION OF SERVICE OR AMENDMENTS TO THE CONDITIONS
We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
18. EVENTS BEYOND OUR REASONABLE CONTROL
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
20. GOVERNING LAW AND JURISDICTION
These conditions are governed by and construed in accordance with the laws of the United Kingdom, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts of the United Kingdom.
21. OUR DETAILS
This website is owned and operated by Harvey James, a trading name of Direct Electrical Wholesalers (U.K) Ltd.
1 - 3 Swan Lane
Telephone No: 01484 515 757
Registration Number: 05669183
VAT Registration No: 734 4506 41
You can contact us via our contact page.
To the fullest extent permitted by law, Harvey James is providing this web site and its contents on an "as is" basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this web site or the information, content, materials or products included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, Harvey James does not represent or warrant that the information accessible via this web site is accurate, complete or current. Price and availability information is subject to change without notice.
Except as specifically stated on this Web site, to the fullest extent permitted at law, neither Harvey James nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this Web site or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, Harvey James does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of Harvey James, its affiliates, directors, employees or other representatives.
No contract will subsist between you and Harvey James for the sale by it to you of any product unless and until Harvey James accepts your order by e-mail confirming that it has despatched your product. For the avoidance of doubt, any such contract will be deemed to have been concluded in the United Kingdom. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of England, and you and Harvey James irrevocably submit to the non-exclusive jurisdiction of the English Courts.
Should you require further clarification about our disclaimer, we suggest you contact a solicitor.