Returns, Terms & Conditions

Terms and Conditions for the sale of bespoke guns

Please read all these terms and conditions. The standard 30 day return policy does not apply to bespoke guns.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 0121 369 1855 or email info@hortonguns.co.uk

Application

  1. These Terms and Conditions will apply to the purchase of any bespoke goods by you (the Customer or you) We are W Horton Gunmakers Limited a company registered in England and Wales under number 07609673 whose registered office is at 45-46 Loveday St, Birmingham, West Midlands, B4 6NR with email address info@hortonguns.co.uk; telephone number 0121 369 1855 (the Supplier or us or we).

  2. These are the Terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.

Interpretation

  1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

  2. Contract means the legally-binding agreement between you and us for the sale and purchase of the Goods;

  3. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;

  4. Bespoke Goods means any goods that we supply to you as per the agreed specification and/or measurements as set out in the Order;

  5. Order means the Customer's order for the Goods from the Supplier as set out in the Customer's order or in the Customer's written acceptance of the Supplier's quotation.

Goods

  1. The description of the Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies from any illustrated products such as wood colour/grain etc.

  2. In the case of Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.

Basis of Sale

  1. The description of the Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Goods.

  2. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.

  3. A Contract will be formed for the Goods ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or if earlier, the Supplier's delivery of the Goods to the Customer.

  4. Any quotation is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.

  5. No variation of the Contract, whether about description of the Goods, price or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

  6. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier's business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier's and the Customer's simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier's and the Customer's simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.

Price and Payment

  1. The price of the Goods and any additional delivery or other charges for the Goods, and the total price of them and the charges, is that set out in our price list current at the date we accepted the Order or such other price as we may agree in writing.

  2. Prices and charges include VAT at the rate applicable at the time of the Order.

  3. Payment for bespoke Goods must be made in two parts. Part 1 – deposit as outlined in any written order and Part 2 – the balance prior to dispatch or at time of collection. Payment can be made in cash, cheque, BACS, debt card or credit card (credit cards attract a 2% surcharge to cover processing). Once you are notified of goods that are ready for collection, you have 15 working days to arrange collection. Failure to collect within this timeframe may result in the goods being offered for resale or a storage charge of £2.50 per day over and above the 15 working days. The deposit is non-refundable once the order is confirmed by you, the Customer.

 

Collection/Delivery

  1. We will use best endeavours to ensure the goods are available for Collection/Delivery by the time as estimated within the written order confirmation.

  2. Delivery times quoted are estimated based on best knowledge at the time of the order being placed. In such a case the order exceeds this delivery time, we will use best endeavours to remedy the situation. Order cannot be cancelled if estimated delivery is exceeded.

  3. If at any time you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract less the non-refundable deposit.

  4. If the goods are deemed to be faulty, we will have the right to inspect and provide a condition report on the goods. Due to the bespoke nature of the goods we must be given the opportunity to remedy any defect.

  5. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

  6. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

  7. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

  1. Risk of damage to, or loss of, the Goods will pass to you when the Goods are delivered to you.

  2. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal

  1. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability. The right to withdraw is forfeited upon acceptance of the order.

Conformity and Guarantee

  1. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

  2. Upon delivery, the Goods will:

    1. be of satisfactory quality

    2. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and

    3. conform to their description.

  3. It is not a failure to conform if the failure has its origin in your materials.

  4. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer's guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.

  5. We will provide the following after-sales service: The product is covered under the relevant manufacturers warranty, W Horton Gunmakers will deal with any warranty claim on your behalf

Circumstances beyond the control of either party

  1. In the event of any failure by a party because of something beyond its reasonable control:

    1. the party will advise the other party as soon as reasonably practicable; and

    2. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery.

Excluding liability

  1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for(i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession).

Governing law, jurisdiction and complaints

  1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

  2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

  3. We try to avoid any dispute, so we deal with complaints as follows: If the product is found to be defective in anyway, please contact us within 5 working days. We will aim to respond within 2 working days with an appropriate solution.

Terms and Conditions for standard guns, clothing and accessories

Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

To complete your return, we require a receipt or proof of purchase.

Please do not send your purchase back to the manufacturer.

There are certain situations where only partial refunds are granted: (if applicable)

Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
Any item that is returned more than 30 days after delivery

Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds (if applicable)
If you haven’t received a refund yet, 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 shorton@hortonguns.co.uk.

Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at shorton@hortonguns.co.uk and send your item to: W Horton Gunmakers Ltd 45-46 Loveday Street Birmingham West Midlands United Kingdom B4 6NR.

Gifts
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.

Shipping
To return your product, you should mail your product to: W Horton Gunmakers Ltd 45-46 Loveday Street Birmingham West Midlands United Kingdom B4 6NR.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over £50, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

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