Supply Terms

These terms and conditions apply to the supply of our products to you and set out the legal relationship between you and us.

Please read these terms and conditions carefully. By clicking 'accept' below, you agree to these Terms (as defined below), which will bind you.  We recommend that you pay particular attention to Condition 16, which sets out important limits and exclusions of our liability to you, and Conditions 12 and 15, which set out important information about your rights. If you do not agree to these Terms, you must not place an order with us.

• Application of these Terms
  • These are the terms and conditions (the Terms) under which we supply our Products to you when you place an Order via our Website.
  • Please read these terms carefully at the time you place an Order with us, as they set out important information about your rights and obligations and our rights and obligations. Please note that you must agree to these terms before we can accept your Order.  If you do not agree to these Terms, please do not proceed to place an Order with us.
  • These Terms set out details of:
    • who we are;
    • the terms on which we supply our Products to you; and
    • other important information.
  • These Terms apply to consumers only. You are a consumer if:
    • you are an individual; and
    • you are purchasing Products from us wholly or mainly for your personal use (i.e. not for use in connection with your trade, business, craft or professional).
  • You must be at least 18 years old to place an Order with us. If you are placing an Order on behalf of a business, you confirm that you have authority to act on behalf of that business.
  • We may make changes to these Terms at any time. However, the terms which apply to your Order will be those Terms set out on our Website at the time you submitted your Order to us. Please print out or save a copy of these Terms and any emails from us for your records, as we will not save or file a copy for you.
  • The following are other Terms that may apply to you and can be found on our Website:
    • our Privacy Policy sets out details of how we collect, use and look after your personal data when you place an Order with us or visit and use our Website;
    • our Website Terms of Use which govern how you may use our Website; and
    • our Cookies Policy, which sets out information about the cookies on our Website.

We recommend that you also read these carefully.

• Who we are
  • We are Harrier Trail Running Limited, a company registered in England and Wales under company number 12547305. Our registered office is at: Unit D3 Bridgefield, Breaston, Derby, Derbyshire DE72 3DS (we, us, our).  Our VAT number is: 367993920.
  • If you need to contact us, please do so by either:
    • sending an email to support@harrierrunfree.co.uk;
    • calling us on 01332 872470; or
    • completing the 'Contact Us' form on our Website.
  • Understanding these Terms
    • In the Terms the following words and expressions shall have the following meanings:

Charges	all fees, charges, costs and expenses payable to us under or in connection with the Contract;
Contract	the contract for the supply of Products between you and us, which comes into effect in accordance with Condition 4.4;
Delivery Location	the location set out as such in our Order Confirmation;
Order	an order for Products;
Order Confirmation	our written confirmation that we have accepted all or part of an Order, as further described in Condition 4.4;
Product	trail running equipment, clothing or any other product that is displayed for sale on our Website;
Terms	these supply terms and conditions, as further defined in Condition 1.1;
Website	https://harrierrunfree.co.uk.

• A reference to:
  • a person includes a natural person, company, LLP, corporate, partnership, joint venture, association, trusts, unincorporated bodies and associations and that persons personal representatives, successors and permitted assigns;
  • the singular includes the plural and vice versa, and to the masculine shall include the feminine and neuter and vice versa;
  • a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time;
  • writing or written excludes fax but includes email; and
  • an English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to that which most nearly approximates to the English legal term in that jurisdiction.
• Placing an order and the basis of the Contract
  • You may place an Order with us via our Website. An Order constitutes an offer by you to purchase those Products set out in the Order, in accordance with these Terms.
  • Please check the Order carefully and correct any errors before you submit it to us.
  • At the time you place an Order with us, you are required to read and accept these Terms. This does not mean that the Order has been accepted by us and will only be accepted where we send you an Order Confirmation (see Condition 4.4). Your Order is an offer to buy Products from us on these Terms.
  • Our acceptance of an Order will take place when we send you an email which confirms we have accepted your Order (Order Confirmation), at which point a legally binding Contract shall come into existence in respect of those Products set out in our Order Confirmation only.
  • We may choose to not accept all or part of your Order or terminate the Contract (at our discretion) in certain circumstances, including:
    • where we are unable to take payment or verify your payment details to our satisfaction;
    • where the Product you've ordered is unavailable or out of stock. Please see the list of out of stock items on our Website (https://harrierrunfree.co.uk/pages/out-of-stock), which gives information on when you can expect to see items back in stock;
    • where you have not indicated acceptance of these Terms;
    • where you are located outside of our delivery areas;
    • there has been a mistake regarding the pricing or description of the Products, (including where a promotion or discount has been applied to the Order in error),

and where this happens, we will email you as soon as possible using the details you provided when you placed the Order and refund any sums you have paid in respect of those Products we are unable to provide. We have the right to reject Orders for any reason.

• Product Availability
  • All Products within our Order Confirmation are subject to availability, and we cannot guarantee that any Products will be available at any given time.
  • In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop supplying certain Products. If this happens and it affects any Products in our Order Confirmation, we will notify you by email, cancel the Contract in respect of the affected Product and provide you with a refund of any advance payments made by you for any Products that have not yet been provided.
  • Where there is a delay with your Order for any reason, we will contact you. You may choose to:
    • cancel your Order;
    • select alternative Products (subject to such Products' availability); or
    • continue with your Order as delayed, which we will dispatch to you as soon as the reason for delay has been rectified. For example, this may be when a particular Product comes back into stock.
  • Your rights to change an Order

If you would like to make any changes to your Order after you have submitted it to us, please contact us as soon as possible and we will let you know whether it is possible to change the Order.

• Our rights to change an Order
  • We can make a change to the Products:
    • to reflect changes in relevant laws and regulatory requirements; or
    • to make minor technical adjustments and improvements, for example to address a safety hazard.
  • We can suspend the supply of the Products in order to:
    • deal with technical problems or make minor technical changes; or
    • update Products to reflect changes in relevant laws and regulatory requirements.
  • Products
    • You can find everything you need to know about us and our Products on our Website.
    • All pictures, images, drawings, descriptive matter on our Website or in adverts produced by us, including of packaging, are for illustration purposes only, in order to give an approximate idea of the Product referred to in them. We do not hold out that our Products will be suitable for any particular use you may wish to make of them.
    • We cannot guarantee that the colours displayed on your device will match exactly the appearance of your Products. The colours of the Products displayed on our Website may vary depending on what device you are using and your settings.
    • All sizes and measurements set out on our Website are as accurate as possible. All information, tips or the size guides available on our Website are for the purpose of guidance only.
    • Our Products are provided to you for your domestic and personal use only. You must not use them for commercial, business or resale purposes.
  • Delivery
    • Our courier service will deliver your Products to the Delivery Location.
    • If no one is available to take delivery, our courier service may leave an attempted delivery notification at the Delivery Location with information on how to re-arrange delivery or follow the delivery instructions you provided to us (e.g. by leaving it in a specified safe location or delivering it to a neighbour or nearby business) or otherwise contact you, using any of the contact methods you provided when placing your Order, to let you know whether and where your package has been left and any other relevant delivery information. We reserve the right to charge additional Charges for each attempt to deliver the Products to you after the first failed delivery. If you wish to cancel the re-delivery, then we are entitled to charge you an administration fee of the delivery cost.
    • If a further delivery attempt is unsuccessful, is not viable or we are unable to follow your delivery instructions, you will be notified of this and what options we may take, should we decide not to cancel the Order. Where we opt to cancel the Order, we may refund you the price of such Products. Such refund will not include the Charge for standard delivery and any additional Charges we reasonably incur in attempting to re-deliver the Products to you.
    • Please examine the Products at the earliest opportunity after delivery and notify us of any fault or damage as soon as reasonably possible. We may only have 24 hours from the time of delivery to notify our courier service of any fault with or damage to the Products.
    • Once a Product has been delivered to the Delivery Location, risk in the Product passes to you and the Product will be classed as having been 'delivered'. This means that you are responsible for the Product, and we are not liable to you if the Product is stolen or damaged after it has been delivered to you. This does not affect your legal rights if the Product is faulty or misdescribed (please see Condition 15 for more information). However, ownership of Products only passes to you when you have paid for them in full.
    • Information on delivery options and charges are available on our Website. You will be given available delivery options to choose from when you place an Order.
    • If you order Products for delivery to a Delivery Location located outside of the UK, your Order may be subject to additional charges, import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such additional charges, import duties and taxes.
    • 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 laws or regulations.
    • Your Products will be delivered within the delivery period specified on our Website, depending on the delivery option you chose when you placed your Order. We will deliver your Order within 30 days of the Order Confirmation unless otherwise agreed between you and us.
    • All delivery dates stated on our Website, during the order process or in our Order Confirmation, are estimates only and we reserve the right to update you of any change or variation to any date for delivery from time to time. Time for delivery is not of the essence of the contract (unless we have agreed a specific delivery date with you).  We are not liable to you for any losses you incur if delivery is delayed because of any circumstances beyond our reasonable control (for example severe weather, accidents or unpredictable traffic delays).
  • Charges and Payment
    • Prices for our Products are set out on our Website.
    • The Charges payable by you will be confirmed in our Order Confirmation. All prices are stated:
      • in the relevant currency applicable to the selected Delivery Location;
      • inclusive of VAT at the applicable rate (but you may choose to toggle the settings on our Website to show the prices stated exclusive of VAT); and
      • exclusive of delivery charges (and any import duties in relation to international deliveries). Such delivery charges will be stated separately either on our Website or any invoice we provide to you. For information on delivery options and costs, please see our Website.
    • If there has been an error on the Website regarding the pricing of any of our Products (including in respect of any discount or promotion applied in error to your Order) and this affects your Order, we will try to contact you using the contact details you provided when you placed the Order. We will give you the option to re-confirm the Order at the correct price or to cancel the Order. If we are unable to contact you, we will treat the Order as cancelled and notify you by email.
    • We accept the following credit cards and debit cards: Visa, Mastercard, American Express, Maestro, Shop Pay, Apple Pay, Google Pay, PayPal. All credit card and debit card payments need to be authorised by the relevant card issuer. We also accept payment via ‘buy now pay later’ providers Klarna and Clearpay.
    • All Products must be paid for in advance. We may take payment from your chosen payment method before we send you your Order Confirmation, however we will hold any payment we receive from you to your order until we have provided you with an Order Confirmation.
    • If we're unable to collect any payment you owe to us, we charge interest on the overdue amount at the rate of 4% a year above the Bank of England's base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay to us the interest together with any overdue amount.
    • If we are unable to take payment from your chosen payment method, we will try to contact you using the contact details you provided when you placed the Order. If we are unable to contact you, we will cancel the Order and notify you by email.
  • Your obligations
    • You shall:
      • ensure that the terms of your Order are complete and accurate;
      • provide us with such information as we may reasonably require to provide the Products to you, and ensure that all information your provide us is complete and accurate; and
      • co-operate with us in all matters relating to the Products (if applicable), including by ensuring that you are available and present at the Delivery Location at the time the Products are to be delivered.
    • If the rate of VAT changes between the date of your Order and the date we supply the Products to you, we will adjust the rate of VAT that you pay to reflect such changes, unless you have already paid in full before the change in the rate of VAT takes effect.
  • Your right to cancel your Order
    • You have the right to change your mind and cancel your Order. You may cancel your Order at any time up to 90 days from the date on which we deliver your Order.
    • To cancel your Order, please email us at support@harrierrunfree.co.uk or call us on 01332 872470. You can also use the cancellation form available at the end of these Terms. To help us process your cancellation more quickly, please ensure that you have your Order number to hand or include it in the email or on the cancellation form that you send to us.
  • How to return Products if you cancel an Order under Condition 13
    • If you cancel an Order and you have already received the Products, you must return the Products to us within 90 days of telling us that you want to cancel your Order. The deadline is met if you send the Products back to us before the 90 day period has expired.
    • Please send the Products back to us using an established delivery service (see https://harrierrunfree.co.uk/pages/returns-exchanges ). We strongly recommend that you get proof of postage. We may withhold the refund until we have received the Products back from you or until you have provided us with evidence that you have sent the Products back (whichever is earlier).
    • Products must be returned to us in a new, unused and unworn condition and in their original packaging with their original tags and labels. You are responsible for the Products while they are in your possession.
    • If you have received a promotional item with your Order, you must return the promotional item along with your Product(s) to us.
    • We offer a free returns service for UK returns and we are responsible for the cost of returning these to us. Where you are based outside of the UK, unless your Product is faulty (see Condition 15) you are responsible for the cost of returning these to us. We estimate the cost of return will be the same as the cost of delivery to you.
  • Refunds if you cancel your Order under Condition 13
    • If you exercise your right to cancel an Order under Condition 12, we will provide you with a refund as soon as possible.
    • If you cancel an Order and you have already received the Products, we will issue the refund no later than 14 days after the day we receive the Products back from you or, if earlier, you provide us with evidence that you have sent the Products back. Otherwise, we will issue the refund no later than 14 days after the day on which you told us that you want to cancel.
    • Your refund will be subject to the following deductions:
      • if you chose a delivery option that is more expensive than the cost of standard delivery, we will only refund the cost of standard delivery; and
      • if you handled the Products in a way beyond what might reasonably be permitted in a shop (such as where clothing has been worn or equipment has been used) and this resulted in a loss in value to the Products, we may make a deduction from the refund for such loss in value.

PLEASE NOTE THAT:- All items must be returned unworn and unused and in the same condition as when they were received (including with all tags and labels attached and in the original packaging) in order for us to issue a full refund.  

• We will issue your refund to the same payment method you used to pay for the Order.

• Faulty Products
  • The Products that we provide to you must be as described, fit for purpose and of satisfactory quality. We are under a legal duty to supply Products that are in conformity with our Contract with you.
  • During the expected lifespan of any Products that you have purchased from us, you are entitled to the following:

Up to 30 days:	If your Products are faulty, you can get an immediate refund.
Up to 1 year:	If the Products cannot be repaired or replaced, then you are entitled to a full refund in most cases. Our guarantee is more generous than the standard 6 months you are entitled to by law.
Up to 6 years:	If the Products do not last a reasonable length of time, you may be entitled to some money back.

 

• This is a summary of some of your key rights. They are in addition to your cancellation rights set out in Condition 12 above. For more detailed information on your rights, visit the Citizens Advice Website at www.citizensadvice.org.uk or call 0808 223 1133.

• Our liability to you
  • If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By 'foreseeable' we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
  • We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
  • Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
• Our rights to end the Contract
  • We can end the Contract and claim compensation due to us if:
    • you don't make any payment to us when it is due and you still don't make payment within 5 days of our reminding you that payment is due;
    • you don't provide us with the information or cooperation we need to provide Products within a reasonable time of us asking for the same; or
    • you don't allow us to deliver Products to you within a reasonable number of attempts.
  • We may also end all or part of the Contract if one of the circumstances in Condition 4.5 applies.
• Your information

Any personal information that you provide to us will be dealt with in line with our Privacy Policy available on our Website, which explains what information we collect and hold about you, and how we collect, store, use and share such information.

• Complaints
  • If you are unhappy with us or the Products we have provided to you, please contact us at: support@harrierrunfree.co.uk.
• General
  • Events outside our control. We shall not be deemed to be in breach of the Contract or otherwise liable to you in any manner whatsoever for any failure or delay in performing our obligations under the Contract due to any event or circumstance beyond our reasonable control, or which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable.
  • You are not allowed to assign, change or otherwise transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
  • Third Party rights. The Contract is between you and us. No other person shall have any rights to enforce any terms of the Contract and the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provisions of the Contract.
  • If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking Terms, this will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.  For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
  • If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
• • If we are providing notice to you, we shall send such notice to the email address you provide to us. You can provide notice in connection with the Contract to us by email to: support@harrierrunfree.co.uk.
  • Any notice shall be deemed to have been received the next working day.
  • This Condition 21 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
• Governing law and jurisdiction

English law applies to these terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.  Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK or other jurisdiction in which you live.

 

• - Model Cancellation Form

 

To: HARRIER TRAIL RUNNING LIMITED, Unit D3 Bridgefield, Breaston, Derby, Derbyshire DE72 3DS

 

I/We hereby give notice that I/We cancel my/our contract of sale of the following Products:

 

Ordered on /received on:

 

Name:

Address:

Signature of consumer(s) (only if this form is notified on paper):

Date: