HEXR TERMS & CONDITIONS
Welcome to the Hexr website, operated by Hexr, Ltd. (“Hexr”) and located at www.hexr.com. This section tells you about us and the legal terms and conditions (“Terms”) on which we sell any of the products listed on our website www.hexr.com (“products”).
These terms will apply to any contract between us for the sale of products to you (“Contract”). Please read these terms carefully and make sure that you understand them before ordering any products from our site. Please note that before placing an order you will be asked to agree to these terms. If you refuse to accept these terms, you will not be able to order any products from our site.
You should print a copy of these terms or save them to your computer or other device for future reference.
We amend these terms from time to time as set out in clause 5. Every time you wish to order products, please check these terms to ensure you understand the terms that will apply at that time. These terms were most recently updated on 22 May 2019.
These terms, and any contract between us, are only in the English language.
- INFORMATION ABOUT US
1.1 We are HEXR Limited, a company registered in England and Wales under company number 10999327 and with our registered office at 18 Finsbury Square, London, EC2A 1AH. We trade under the name “Hexr”. We operate the website www.hexr.com. If you would like to contact us via email please send an email to email@example.com.
1.2 Contacting us if you are a consumer:
(a) To cancel an order in accordance with your legal right to do so as set out in clause 6, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the contact form on our website. If you use this method, we will email you to confirm we have received your cancellation. You can also contact our Customer Services team via email on firstname.lastname@example.org. If you are emailing us, please include details of your order to help us to identify it. Please note that, for certain products which are tailored specifically for you, there are rules around when you are able to cancel. These are set out in clause 6 below. These restrictions do not affect your statutory rights.
(b) If you wish to contact us for reason you can contact our customer services team as set out above.
(c) If we must contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
2.1 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/device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, colours, capacities, dimensions and measurements indicated on our site are approximate and will, of course, for any bespoke products, depend on the measurements or other instructions you provide.
2.3 We are confident that you will be pleased with our products but, in relation to any helmet, (or other protective gear) the concepts of “fit” and “comfort” are subjective. Our obligation under the contract is to provide you with a product which corresponds to the head scan data provided (and the other published product specifications). The warranties in clause 12 and returns policy in clause 13 below on returns should be read accordingly.
3.1 By placing an order on our website, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old. If you are under 18 we may need the express consent from your parent or legal guardian.
4.HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Our shopping pages will guide you through the steps you need to take to place an order with us. 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.
Reservations (applicable to the first 250 Hexr helmets)
4.2 For reservation purchases the following terms and conditional apply:
4.2.1 By placing the reservation, you now have a place on the waiting list. This means that you will be eligible for the purchase of the Product for which the reservation was placed, and that you will have priority over other (potential) customers of the same product, in accordance with your place on the waiting list.
4.2.2 Your place on the waiting list is subject to the completion of your reservation on www.hexr.com and payment of the applicable reservation fee (“Reservation Fee”). You can find details of the applicable registration fee at www.hexr.com.
4.2.3 Neither your reservation, placement on the waiting list, nor the payment of the Reservation Fee constitutes any legally binding offer or agreement between you and Hexr. Until a definitive sale is concluded between you and Hexr:
(a) You can cancel your reservation at any time by contacting email@example.com. In this case Hexr will refund your Reservation Fee within ten (10) business days; and
(b) Hexr is in no way obliged to sell you a helmet, nor shall Hexr have any other obligation towards you that is not specifically mentioned in this reservation clause.
4.2.4 Assuming you do not cancel your reservation (pursuant to clause 4.2.3) by the time the product you have reserved becomes available, Hexr will offer to enter into a sale agreement with regard to such helmet. Upon your acceptance of the agreement, your Reservation Fee will be offset against the purchase price of your helmet.
4.2.5 Hexr is in no way obliged to pay interest on the Reservation Fee.
4.2.6 Your reservation and (your entitlement to) your Reservation Fee are personal and cannot be encumbered or transferred to any third party without the prior written consent of Hexr.
4.3 When you wish to purchase products from our Website, and you have pressed the “COMPLETE ORDER” button, we shall confirm receipt of your order (“Order”) via email and assign you with an order number via email. This email is NOT an acceptance of your order, just a confirmation that we have received it (“order Confirmation”). The order Confirmation will confirm the following: a description of the Products requested; the total price of the Products; the applicable delivery charges, information relating to your right to cancel. Your order constitutes an offer to us to buy a Product. We are not obliged to accept your order and may, at our discretion, decline to accept any order.
4.4 The contract between us will only be formed when we send you the “Manufacture Confirmation”. The Manufacture Confirmation is the email that we send to you when we have accepted your order, received all necessary scan data and other order information, and begun processing for manufacture (unless we are unable to fulfil your order or if you have cancelled the order beforehand).
4.5 Please quote the order number in all subsequent correspondence with us.
4.6 If we are unable to supply you with a product, for example because manufacturing capacity is not available or because of an error in the price on our website, we will inform you of this by email and we will not process your order. If you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible.
5.OUR RIGHT TO VARY THESE TERMS
5.1 We amend these terms from time to time. Please look at the top of this page to see when these terms were last updated, and which terms were changed.
5.2 Every time you order products from us, the terms in force at the time of your Order will apply to the Contract between you and us.
5.3 We may revise these terms as they apply to your order from time to time to reflect the following circumstances:
(a) changes in relevant laws and regulatory requirements; and
(b) any unforeseen circumstances affecting the manufacturing or supply processes.
5.4 If we have to revise these terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.
6.1 You have the right to cancel an order up to the point that we send you the Manufacture Confirmation (the email in which we confirm our acceptance of your order and that we have begun processing for manufacture). This means that if you change your mind or decide for any other reason that you do not want to receive a product, you can - up to the point that we send you the Manufacture Confirmation - notify us of your decision to cancel the order and receive a refund.
6.2 After the point that we send you the Manufacture Confirmation, the contract will have been formed and you will not have any right to cancel a Contract for the supply of any products or return the products to us (unless such products were damaged or faulty when delivered to you or not delivered in accordance with the requirements of the contract). This is because the products are substantially personalised and made to your own unique bespoke specifications, and we will not be able to re-sell them.
6.3 Advice about your legal right to cancel the contract is available from your local Citizens Advice Bureau or Trading Standards office.
6.4 To cancel an order before you receive the Manufacture Confirmation, you just need to let us know that you have decided to cancel. You can also contact our Customer Services team by email or live chat on our website. If you are emailing us or writing to us, please include details of your order to help us to identify it. If you send us your cancellation notice by email, then your cancellation is effective from the date and time the email is received by us.
6.5 If you cancel your order before you receive the Manufacture Confirmation we will refund you the price you paid for the Products, less the costs:
6.5.1 of goods already sent to you as part of your order, including but not limited to Gift boxes, event invitations.
6.5.2 of delivery costs of items in clause 6.5.1.
6.6 Please see Clause 13 below for our policies on returns.
7.1 We will contact you via email when your product has been dispatched and this email will have a tracking code, so you can monitor the progress of your delivery. Occasionally our delivery to you may be affected by an event outside our control. See clause 15 for our responsibilities when this happens.
7.2 If no one is available at your address to take delivery, then a note left by the delivering company will have further instructions for you to follow, if you need our help in tracking the package then please contact us on firstname.lastname@example.org.
7.3 Delivery of an order shall be completed when we deliver the products to the address you gave us or you or a carrier organised by you to collect them from us and the products will be your responsibility from that time.
7.4 You own the products once we have received payment in full, including all applicable delivery charges.
7.5 We will endeavour to deliver your products within 30-days of the issue of the Manufacture Confirmation. If we miss the 30-day delivery deadline for any Products then you may cancel your order for such products.
7.6 If you have the right to cancel under Clause 7.5 but do not wish to cancel your order straight away, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
7.7 If you do choose to cancel your order for late delivery under clause 7.5 or 7.6, you can do so for just some of the products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
8.1 You may place an order for products from outside the UK, but please note that your Order may be subject to import duties and taxes which are applied when the goods reach the destination. Please note that we have no control over these charges and we cannot predict their amount. Please contact your local customs office for further information.
8.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
8.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
8.4 If you are ordering a helmet, you are responsible for arranging a head scan based on the locations we offer. You may cancel your order if you have placed it and cannot easily get your head scanned.
8.5 Our helmets are certified with a European CE EN-1078 standard. Specific countries may have their own certification, which is legally required. You must ensure your specific country requirements have been met before purchasing your helmet from outside the UK.
9.PRICE OF PRODUCTS AND DELIVERY CHARGES
9.1 The prices of the products will be as quoted on our site at the time you submit your Order. We take all reasonable care to ensure that the prices of products are correct at the time when the relevant information was entered onto the system.
9.2 Prices for our products may change from time to time, but changes will not affect any order you have already placed.
9.3 All product costs are charged in the currency shown at checkout - for example Pounds (GBP) on www.hexr.com.
9.4 The price of a product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.
9.5 The price of a Product includes delivery charges, unless otherwise stated at the time of purchase. International deliveries are subject to additional fees that are cleared stated at the time of purchase. All delivery and shipping costs are charged in the currency shown at checkout - for example pounds (GBP) on www.hexr.com
9.6 It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your Order. We will not process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the Order as cancelled and notify you in writing.
10.HOW TO PAY
10.1 If you have ordered products from our website, you can pay for the Products using a debit card or credit card or by using PayPal. The payment methods we accept will be set out on our website.
10.2 Payment for the Products and all applicable delivery charges is in advance.
12.OUR WARRANTY FOR THE PRODUCTS
12.1 We provide a warranty that on delivery and for a period of one year from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 12.2.
12.2 The warranty in clause 12.1 does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or environmental conditions, accident damage, negligence by you or by any third party;
(c) if you fail to assemble or use the products in accordance with the user instructions; or
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers.
12.3 If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
12.4 We are confident that you will be pleased with our products but, in relation to any helmet, the concepts of “fit” and “comfort” are subjective. Our obligation under the contract is to provide you with a product which corresponds to the head scan data provided (and the other published product specifications). The above warranty and clause 13 below on returns should be read accordingly.
13.1 Because the products are substantially personalised and made to your own unique bespoke specifications, you do not have any general right to return the products to us. But as a consumer, you have legal rights in relation to products that are faulty or not as described. If, on receiving your products, you think that they are faulty or not as described, please let us know by contacting email@example.com. We will then provide information to you around how you can return your product and whether we feel a refund is due.
13.2 You will not be entitled to return the products and receive a refund where the fault or defect to the product arises due to:
(a) errors made by you or any person acting on your behalf when submitting information or data relating to your order. This could include spelling errors or typos or other data entry errors; or
(b) defects arising from errors in head scan data created by you or someone acting on your behalf, or from your (or such person’s) failure to undertake any head scanning in accordance with the instructions set out on our website (or otherwise sent to you as part of the order process).
13.3 If you have returned the products to us in line with the above process because they are faulty or mis-described, and where we (acting reasonably) agree a refund is due, we will refund the price of the products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
13.4 We will refund you on the credit card or debit card used by you to pay. If you used a gift card to pay for the product we may refund you by issuing a new gift card.
14.OUR LIABILITY TO YOU AS A CONSUMER
14.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
14.2 We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 We do not in any way exclude or limit our liability to you where it would be unlawful to do so, including: liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us and supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
15.EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an event outside our control. An event outside our control is defined below in clause 15.2.
15.2 An event outside our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an event outside our control takes place that affects the performance of our obligations under a contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of Products to you, we will arrange a new delivery date with you after the event outside our control is over.
15.4 You may cancel a contract affected by an event outside our control which has continued for more than 30 days. To cancel please contact us at firstname.lastname@example.org.
16.COMMUNICATIONS BETWEEN US
16.1 When we refer, in these Terms, to "in writing", this includes email.
16.2 You may contact our Customer Services team as described at the start of these Terms.
17.OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you are a consumer and you have purchased a product as a gift, you may transfer the benefit of our warranty in clause 12 to the recipient of the gift without needing to ask our consent.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 12, but we and you will not need their consent to cancel or make any changes to these Terms.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6 These Terms are governed by English law. This means a contract for the purchase of products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.