Terms and Conditions
Last updated on: 3rd August 2018
Background: We are HOTBIN Composting, an internet trading name for the DS Smith Plastics Foam Products business of DS Smith Foams UK Limited, a company registered in England and Wales under company number 11414695 and with its registered office at 350 Euston Road, London NW1 3AX (“we/our/us”). Our principal place of business is HOTBIN Composting (DS Smith Plastics), Cornhill Close, Lodge Farm Ind Est, Northampton, NN5 7UB. We are a wholly owned operational subsidiary of DS Smith plc, whose registered office is at 350 Euston Road, London, NW1 3AX.
These HOTBIN Composting Web Site Terms & Conditions (“Terms”) apply to all Goods and Services between you, the User of this Web Site and us, the owner of this Web Site. Please read these Terms carefully and make sure that you understand them before ordering any Goods or using any of the Services from us. We strongly recommend that you read these Terms that apply to the Goods that you want to buy and the Services you want to use. If you do not agree to be bound by these Terms, you should stop using this Web Site immediately.
These terms only apply to consumers and separate terms apply to businesses.
1. Contact Us
1.1 You can contact us by telephone (0808 168 8499) or by writing to us at firstname.lastname@example.org or HOTBIN Composting (DS Smith Plastics), Merrington Lane Industrial Estate, Spennymoor DL16 7XL.
2. Definitions and Interpretation
In these Terms the words starting with capital letters shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Users to access paid Content and/or any communications System on this Web Site;
“Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
"Consumer" means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Goods” means any products that we advertise and/or make available for sale through this Web Site;
“Intellectual Property Rights” means all:
(a) copyrights, patents, rights in trademarks, design rights, database rights, rights in know-how, trade secrets, service marks, domain names and rights in confidential information (whether registered or unregistered);
(b) applications for registration, and the right to apply for registration, renewal, extension, division or reissue, for any of the rights listed in (a); and
(c) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world; “Payment Information” means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;
“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“Premises” means our place of business located at DS Smith Plastics, Cornhill Close, Lodge Farm Ind Est, Northampton, NN5 7UB;
“Services” means collectively any online facilities, tools, services or information that we make available through this Web Site either now or in the future;
“System” means any online communications infrastructure that we make available through this Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards and email links;
“User”/“Users” means the third party(ies) that access this Web Site and are not employed by us acting in the course of their employment, and includes you; and
“Web Site” means the website that you are currently using (www.hotbincomposting.com) and any sub-domains of the website unless expressly excluded by their own terms and conditions.
3. Use of this Web Site and Accounts
3.1 Persons under the age of 18 should use this Web Site only with the supervision of an adult. Payment Information must be provided by or with the permission of an adult.
3.2 In order to purchase Goods on this Web Site you may create an Account which will contain certain personal details and Payment Information which may vary based upon your use of this Web Site (for example, we may not require payment information until you wish to make a purchase). By continuing to use this Web Site you agree that:
3.2.1 all information you submit is accurate and truthful;
3.2.2 you have permission to submit Payment Information where permission may be required; and
3.2.3 you will keep this information accurate and up-to-date. Your creation of an Account is further confirmation of your agreement to the matters at Clauses 3.2.1 – 3.2.3 above.
3.3 It is recommended that you do not share your Account details, particularly your username and password. We do not accept any liability for losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
3.4 If you have reason to believe that your Account details have been obtained by another without consent, you should contact us immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled up until they are dispatched. In the event that an unauthorised purchase is dispatched prior to you notifying us of the unauthorised nature of the purchase, we do not accept any liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
3.5 When choosing your username you are required to adhere to the terms set out in Clause 6 below. Any failure to do so could result in the suspension and/or deletion of your Account.
3.6 Alternatively, you may also purchase Goods on this Website as a guest. As a guest, you do not need to create an Account.
4. Orders and our contract with you
4.1 Our acceptance of your order for Goods will take place when we email you to confirm your order, indicating that your order has been fulfilled and is on its way to you, at which point a contract will come into existence between you and us. If we confirm your order, we will charge you for the Goods. No part of this Web Site is intended to constitute a contractual offer capable of acceptance by you.
4.2 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Goods. This might be because the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Goods.
4.3 You will be responsible for payment of any import duties and taxes for deliveries outside of the United Kingdom. Please contact your local customs office for further information before placing your order.
4.4 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
5. Goods, pricing and availability
5.1 Where appropriate, you may be required to select the required colour and number of the Goods that you are purchasing.
5.2 We provide stock indications on this Web Site as a guide only. These indications may not take into account sales that have taken place during your visit to this Web Site.
5.3 All pricing information on this Web Site is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated regularly.
5.4 In the event that prices are changed during the period between your order being placed for Goods and our processing that order and taking payment, we will contact you prior to your order being processed with details of the new price. You may cancel your order if the new price is not acceptable.
5.5 All prices on this Web Site include VAT. Our VAT number is: GB 563 0699 25.
6. Use of this Web Site and Services
6.1 When using the Services and any System on this Web Site you should do so in accordance with the following rules:
6.1.1 you must not use obscene or vulgar language;
6.1.2 you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
6.1.3 you must not submit Content that is intended to promote or incite violence;
6.1.4 it is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
6.1.5 the means by which you identify yourself must not violate these Terms or any applicable laws;
6.1.6 you must not impersonate other people, particularly employees and representatives of ours or our affiliates; and
6.1.7 you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
6.2 You acknowledge that we reserve the right to monitor any and all communications made to us or using our System.
6.3 We are not able to confirm that this Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from your use of our Services.
6.4 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
7. Our intellectual property
Subject to the exceptions outlined in Clause 10 of these Terms, all Intellectual Property Rights in Content included on this Web Site, unless uploaded by Users, and including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is our property or that of our affiliates or other relevant third parties. By continuing to use this Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use Content from this Web Site unless otherwise indicated on this Web Site or unless we give you express written permission to do so.
8. Third party intellectual property
Unless otherwise expressly indicated, all Intellectual Property Rights in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on this Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
9. Links to other web sites
10. Links to this Web Site
If you wish to place a link to this Web Site on other sites you may do so only to the home page of this Web Site and with our prior permission. Deep linking (i.e. links to specific pages within this Web Site) requires our additional express permission. To find out more please contact us by email at: email@example.com.
11. Providing the Goods
11.1 We will deliver the Goods to you via a third party courier service at your cost. Alternatively, you may collect certain Goods directly from us, as detailed on our Web Site.
11.2 The estimated timeframe for delivery of the Goods within the United Kingdom is 5 – 14 working days.
11.3 The costs of delivery where applicable will be as displayed to you on our Web Site.
12. Faulty goods
12.1 We are under a legal duty to supply products that are in conformity with this contract.
12.2 We aim to always provide high quality Goods that are fault free and undamaged. However, on occasion Goods may need to be returned to us. If any Goods you purchase are damaged, faulty or do not match their description when delivered to you we may, at our sole discretion, offer a repair, exchange or refund, as appropriate, in accordance with your legal rights.
12.3 If you believe an item is faulty, damaged or not as described you should contact us as soon as possible and, unless we agree otherwise, arrange for the return of the item to the following address HOTBIN Composting (DS Smith Plastics), Merrington Lane Industrial Estate, Spennymoor DL16 7XL. We will reimburse any reasonable costs incurred in returning the item. Should the goods be tested by HOTBIN Composting and no manufacturing faults be identified, the product(s) will be returned directly to the customer with further after-sales support offered.
12.4 If any refunds are due to you through the payment method used by you when purchasing the Goods as soon as possible and in any event within 14 days from when we agree that you are entitled to refund.
13. Cancelling your order
13.1 You have the right to cancel your order for any item bought on this Web Site for a full refund. This doesn't apply to:
13.1.1 goods made your specifications or are personalised;
13.1.2 goods liable to deteriorate or expire rapidly;
13.1.3 goods which are sealed for health protection or hygiene reasons, if they become unsealed after delivery; and
13.1.4 if the goods ordered become mixed inseparably with other items after delivery.
13.2 If you wish to cancel your order, please email firstname.lastname@example.org, call 0808 168 8499 or write to us at HOTBIN Composting (DS Smith Plastics), Merrington Lane Industrial Estate, Spennymoor DL16 7XL. You may also (but do not have to) use the model cancellation form at clause 23 below.
13.3 You can cancel anytime from placing your order up to the end of 14 calendar days after the Goods are delivered (or in the case of a multiple order, after the last part of the order is delivered).
13.4 Please take care of the Goods as we are entitled to deduct an amount from the refund to reflect any loss in value of the Goods if it is the result of unnecessary handling of the goods by you.
13.5 If you cancel your order after the Goods have been dispatched, you are responsible for retuning the Goods to us via a third party courier at your cost or, alternatively, we will refund the price you paid for the Goods minus a deduction for each item to cover the cost of us organising a third party courier to collect and return the Goods to us (£50.00 per mk.2 HOTBIN - £40 per Mini HOTBIN). In either case, the Goods must be returned to us by no later than 14 days after you have notified us of your decision to cancel your order. Goods are returned to us at your own risk unless explicitly stated in writing. Goods should be returned to the following address: HOTBIN Composting (DS Smith Plastics), Merrington Lane Industrial Estate, Spennymoor DL16 7XL.
13.6 If you cancel your order we will refund the price you paid for the Goods, subject to clauses 13.4 and 13.5 above. We will make any refunds due to you (through the payment method used by you when purchasing the Goods) as soon as possible and in any event within the deadlines indicated below:
13.6.1 if you have received the Goods: within 14 days of the day on which we receive the Goods back from you or, if earlier, within 14 days of the day on which you provide us with evidence that you have sent the Goods back to us; or
13.6.2 if you have not received the Goods: 14 days after you inform us of your decision to cancel your Order.
14. Termination and cancellation
14.1 Either you or we may terminate your Account. If we terminate your Account, you will be notified by email and an explanation for the termination will be provided. In any event, we reserve the right to terminate without giving reasons.
14.2 If we terminate your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
14.3 We reserve the right to cancel purchases without stating reasons, for any reason prior to processing payment and arranging dispatch.
14.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
14.5 If you terminate your Account, any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
15.1 If you would like to make a complaint, please contact us by telephone at 0808 168 8499 or by writing to us at email@example.com or HOTBIN Composting (DS Smith Plastics), Cornhill Close, Lodge Farm Ind Est, Northampton, NN5 7UB.
17. Changes to the Service and these Terms
We may change this Web Site, its Content or these Terms from time to time without prior notice. We will notify of any change to these Terms you when you next use this Web Site following the changes. If you are not happy with the change, you can stop using the Services or cancel an order for Goods not yet dispatched by following the procedure in Clause 14. If you continue to use the Services or don’t cancel an order for Goods, we will assume that you are happy with the change. If we are required to make any changes to these Terms relating to the sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
18. Our liability to you
18.1 While we will use reasonable endeavours to ensure the accuracy of any information we place on this Web Site, this Web Site is provided on an "as is" and "as available" basis and we do not guarantee that this Web Site will operate continuously or without interruptions or be error-free, including any transaction that may be conducted on or through this Web Site.
18.2 We make no warranty that this Web Site will meet your requirements or that defects will be corrected, or that this Web Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of this Web Site. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through this Web Site.
18.3 As a Consumer, we are responsible to you for:
18.3.1 foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen; and
18.3.2 for breach of your legal rights in relation to the Goods which are not: 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; supplied with reasonable skill and care; and for defective Goods under the Consumer Protection Act 1987.
18.4 We only supply Goods to you as a Consumer for private and domestic use. We are not liable for business losses. If you use the Goods and/or Services for any commercial, business or re-sale purpose we will have no liability to you for any: economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); loss of goodwill or reputation; or special or indirect losses.
18.5 In any event, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability: for death or personal injury caused by our negligence or the negligence of our servants, agents or employees; or for fraud or fraudulent misrepresentation.
19. No waiver
In the event that we fail to enforce rights against you, or delay in doing so, that will not mean that you have waived our rights against you.
20. Entire agreement
We intend to rely upon the terms set out here. If you require any changes, please make sure you ask for these to be put in writing. In that way, we can avoid any problems surrounding what we and you are expected to do.
All notices shall be given to us either by post to our Premises or by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
22. Law and where you may bring legal proceedings
These Terms and the relationship between you and us shall be governed by English law and you may bring legal proceedings in respect of the Goods and/or Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts
23. Model cancellation form
Please complete, and return this form IF YOU WISH TO CANCEL your Order
To: HOTBIN Composting (DS Smith Plastics), Merrington Lane Industrial Estate, Spennymoor DL16 7XL.
I wish to cancel my Order for [INSERT YOUR INVOICE NUMBER]
Name and address of Customer:
Signature of Consumer: