Terms of Use & Privacy Policy
Dear Customer
Welcome to Matthew Gyde – we are delighted you have chosen to buy from us.These terms and conditions (“the Conditions”) apply when you, as a consumer, access www.hbyharris.com (“the Website”) and use our on-line or telephone ordering service.Before proceeding with your order, please read these Conditions carefully. Nothing in these Conditions affects or detracts from, and these Conditions should not be read to affect, your statutory rights under English law. These rights cannot be waived or limited by contract, and you may assert such rights as you wish.If you do not wish to accept these Conditions, you should not proceed with your order.General Information: “We” are Matthew Gyde and we are an English company. We can be contacted by e-mail at matthewgyde@outlook.com and by telephone on (+44) (0) 7772527029. We will be delighted to help you place an order over the telephone, advise you on the range of products we offer on the Website and help you with queries about payment. For any help in relation to the above please contact us.
1. Orders and Acceptance
1.1. When you have placed an order with us, an email will be sent to you acknowledging your exact order details. All orders are subject to acceptance and availability. Our email is not an order confirmation or acceptance of your order and does not conclude the contract to purchase products from us. We reserve the right to reject any offer to purchase products made by you at any time.
1.2. Order acceptance and the conclusion of the contract between you and us will only take place when we confirm by e-mail to you that your order has been despatched unless the order has been cancelled in accordance with these Conditions. Acceptance will be complete when we send our order despatch confirmation e-mail to you.
1.3. We reserve the right to withhold any order from despatch in order to process further security checks. This can delay an order for up to 48 hours.
2. Pre-Order Items and Bespoke Items
2.1. Occasionally, we may be waiting for deliveries from our suppliers and may give you the chance to make an advance payment for certain pre-order products to enable you to make an advance purchase. This is to ensure that you receive the product in priority once stock has been delivered to us. Your rights in respect of advance purchase are the same as those for any other purchase on our Website.
2.2. Products received into stock may be pre-allocated to satisfy advance payment pre-orders and customers making advance payments will receive products in priority to customers on the waiting list or customers ordering through this Website for immediate delivery. Please note that we may be unable to deliver selected advance payment products due to supplier problems or quality check issues identified when we receive an order into stock. In such circumstances, we will notify you by e-mail and refund the advance payment to your credit card within 30 days of being advised that the product has become unavailable.
2.3. Bespoke goods are any goods specifically personalized and/or tailored to your specifications.
2.4. Orders for bespoke goods cannot be cancelled or changed once work has started on them.
2.5. Bespoke goods which are delivered as described and are in good condition may not be refunded. We reserve the right to charge for re-posting of bespoke goods returned in error.
2.6. We are not responsible for customer generated mistakes, errors or defects including spelling, typographical or grammar errors; poor image quality derived from low resolution images, order quantity, or other ordering errors. To prevent these errors from happening, please review your order carefully before submitting.
2.7. Faulty goods will be rectified free of charge. Any problems with any part of a bespoke order must be reported to us within 7 days of receipt. Please e-mail sales@hbyharris.com who will contact you in regards to the fault and how to return the goods.
3. Pre-Order Items and Bespoke Items
3.1. Occasionally, we may be waiting for deliveries from our suppliers and may give you the chance to make an advance payment for certain pre-order products to enable you to make an advance purchase. This is to ensure that you receive the product in priority once stock has been delivered to us. Your rights in respect of advance purchase are the same as those for any other purchase on our Website.
3.2. Products received into stock may be pre-allocated to satisfy advance payment pre-orders and customers making advance payments will receive products in priority to customers on the waiting list or customers ordering through this Website for immediate delivery. Please note that we may be unable to deliver selected advance payment products due to supplier problems or quality check issues identified when we receive an order into stock. In such circumstances, we will notify you by e-mail and refund the advance payment to your credit card within 30 days of being advised that the product has become unavailable.
3.3. Bespoke goods are any goods specifically personalized and/or tailored to your specifications.
3.4. Orders for bespoke goods cannot be cancelled or changed once work has started on them.
3.5. Bespoke goods which are delivered as described and are in good condition may not be refunded. We reserve the right to charge for re-posting of bespoke goods returned in error.
3.6. We are not responsible for customer generated mistakes, errors or defects including spelling, typographical or grammar errors; poor image quality derived from low resolution images, order quantity, or other ordering errors. To prevent these errors from happening, please review your order carefully before submitting.
3.7. Faulty goods will be rectified free of charge. Any problems with any part of a bespoke order must be reported to us within 7 days of receipt. Please e-mail matthewgyde@outlook.com who will contact you in regards to the fault and how to return the goods.
4. Pricing
4.1. All prices shown on the Website are shown inclusive of VAT. Please note that our prices may change and any of our offers may be withdrawn at any time.
4.2. We are not legally bound to honour any prices where the prices displayed have been displayed in error. If a product’s correct price is higher than our stated price, we will, at our discretion, either contact you before despatch and ask whether you wish to continue with the purchase at the correct price or we may cancel your order, refund you and notify you of such cancellation and refund.
5. Terms of Payment
We currently accept on-line payments with a number of debit/credit cards. The current debit/credit cards we accept include: Visa, MasterCard, Switch and Solo, American Express, Maestro, Delta Card and our acceptance is conditional on subsequent validation of the card transaction with the issuer. You confirm that the credit/debit card being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. Such checks may include credit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction) and be carried out to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions. We may share your personal data with such third parties as are necessary to enable us to do such checks.
6. Insurance
We insure each product you purchase during the time it is transit from our premises to you. You will be asked to sign for any product(s) delivered at which point responsibility for your purchased product(s) passes to you.
7. Product Warranties and Availability
7.1. We have taken all prudent steps to present products on the Website as accurately as possible. However, we accept no responsibility for variances in colour or style due to the settings on your computer monitor or mobile device. There may be minor differences between the specifications given for products on the Website and the product that you receive as we do offer products for sale which are not mass produced.
7.2. Whilst every effort is taken to ensure all products offered on our Website are always in stock, occasionally some products will be temporarily out of supply and cannot be restocked. If products that you order are out of stock or subject to a delay, we will try to contact you at the e-mail address you provided when placing your order.
7.3. All products advertised on the Website are for the personal use of consumers only. You must not resell or apply any trade marks to any product that you purchase from the Website and they must not be used for any form of advertising or promotional purpose. We reserve the right to restrict multiple quantities of a product being shipped to one address or customer.
8. Delivery
8.1. Postage and packaging charges are as per the charges displayed on the Website when you place an order. Please allow up to 5 working days for delivery. Please note that unfortunately we do not offer guaranteed delivery on a Saturday, Sunday, Bank Holidays, Christmas Day, Boxing Day and New Years Day.
8.2. We endeavour to dispatch all orders within 24 hours of garment completion and, in any event, within 2-3 days. However, please allow up to 7 days for delivery as external factors may cause delays. Your order will be shipped once payment has been approved.
8.3. Delivery costs are as stated on ALL orders placed. Returns are charged at cost to the customer unless faulty or the product differs from the advertised product. Products will be delivered using the Royal Mail’s Special Delivery Service.
8.4. Return costs will be calculated depending on the size, weight and destination of your product and the packaging and are handled by our carrier partner, the Royal Mail. Customers who chose to return products are required to Royal Mail’s Special Delivery service and must make sure that they have adequate insurance coverage as they are responsible for returns reaching us.
9. Cancellation, Refunds and Return Policy
9.1. In the hopefully unlikely event that you wish to return the products you ordered please return them within 7 working days beginning on the day after your receipt of your purchase, unused in their original packaging and we will provide you with a full refund.
9.2. If there is a fault with your products, please contact us within 7 days of purchase, via email and we will provide you with a replacement (if available) or a full refund.
9.3. Under the UK Consumer (Distance Selling) Regulations 2000, you are also entitled to cancel your order for a full refund. To cancel your order, please email us within 7 working days after your receipt of your purchase. Please quote your order reference number when doing so.
9.4. Delivery charges are non-refundable. If you change your mind about the products you have ordered you will be responsible for the cost of returning those products to us. Returns Policy
9.5. When returning products please do the following: (a) contact us first to obtain a returns number and returns address; and (b) return your product with a note including details of your name, returns number, contact details, order reference number and the reason why you either: (i) wish to return your product or cancel your order; or (ii) the reason why you believe your product is faulty.Doing this assist us in giving you a quicker reply when we receive the product when organising a possible replacement or refund. Your product must be returned unused and, where possible, in the original packaging. Please therefore keep the original packaging until you are certain you wish to keep your product. If you do not retain your original packaging please use similar packaging that will provide similar protection as your product must be received by us “as new” and in a condition for resale.
9.6. Return costs will only be refunded if the product is faulty, or if it differs from the advertised product. We are unable to accept responsibility for any parcels returned to us until we safely receive them. Where the delivery of an order is refused, we reserve the right to deduct from the refund both the original delivery cost plus the cost of returning the goods to us.
10. 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. Examples of such delays or failures may include strike action or failure by our delivery companies to deliver your products on time due to exceptional circumstances such as strike action, hazardous weather conditions or accident.
11. Intellectual Propert
11.1. We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it including all copyright and design right in our products and supporting designs and documents and our unregistered trade mark rights in “Matthew Gyde”. Those works are protected by copyright and trade mark laws and treaties around the world. All such rights are reserved.
11.2. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others within your organisation to material posted on our Website.
11.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
11.4. Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.
11.5. You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
11.6. If you print off, copy or download any part of our Website in breach of these Conditions, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
12. Our Liability
The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it. This Condition does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
13. Jurisdiction/Choice of Law
The Website is controlled and operated in the United Kingdom. These Conditions and all matters connected with any order you place on the Website are governed by English law and you agree to submit to the exclusive jurisdiction of the courts of England and Wales in relation to all matters connected with or arising out of the Website or any order you place on the Website. Customers who access the Website from outside the United Kingdom do so at their own risk and on their own initiative and are responsible for compliance with their own local laws, to the extent that any local laws are applicable. Nothing in these Conditions in any way is an attempt to restrict or affect your statutory rights under English law.