Terms & Conditions

1. Definitions 

‘Customer’ means a physical person or legal entity (otherwise referred to as ‘you’) who enters into a Contract with us to buy Goods or Services ‘Contract’ means any contract between you and us for the sale and purchase of Goods or Services, incorporating these Terms.‘Goods’ means any goods agreed in the Contract to be supplied to you by us (including any part or parts of them).‘Normal Working Hours’ means 9am to 5.30pm on a Working Day. ‘Order’ means an order for Goods or Services made by you in accordance with these Terms. ‘Order Confirmation’ means our written acceptance of your Order. ‘Working Day’ means Monday to Friday, excluding Bank or other Public holidays.

2. Orders

2.1. When you place an Order this will be regarded as an offer by you to purchase the Goods or Services subject to these Terms and we shall not be obliged to accept your offer at our discretion. We reserve the right to obtain validation of your payment details before providing you with any Goods or Services. 
2.2. The Order Confirmation will be binding on you unless there is an unacceptable discrepancy between the Goods or Services that you ordered and those detailed in the Order Confirmation. You should notify us as soon as you become aware of any such discrepancy and in any event prior to the dispatch of the Goods.
2.3. If we cannot supply the Goods ordered by you, we reserve the right to offer alternative Goods of equal or superior quality. In such cases, if you do not wish to accept the alternative Goods offered, you may cancel the Order and require the refund of any money paid to us in respect of that Order, including carriage charges.
2.4. We make every effort to supply the Goods as advertised but reserve the right to supply the Goods subject to minor variations in specifications, where these are changed for manufacturing purpose. Any such minor  variation will not give you the right to cancel or rescind any Order or Contract made with us. Images of Goods are provided for illustrative purposes only and the actual Goods you receive may differ from the image displayed in the catalogue or on our website.
2.5. When you place an Order, you are undertaking to us that: (a) all details you provide to us for the purpose of purchasing Goods or Services are correct, and (b) the credit or debit card you use to make a purchase from us is your own card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any Goods or Services you order from us.

3. Prices And Payment

3.1. Goods and Services, together with VAT when applicable, are invoiced at the price prevailing at the time of your Order.
3.2. Payment is due prior to shipment and may be made by cash, cheque, selected credit cards (via Paypal) or through a PayPal account.

4. Retention of Title

4.1 All products supplied to the Customer by HeadSprung! Ltd, shall remain the sole and absolute property of HeadSprung! Ltd, both in law and equity until the Customer shall have paid to HeadSprung! Ltd the agreed price, together with the full price of any other products supplied by HeadSprung! Ltd, pursuant to any other contract between them.
4.2 The Customer’s right to possession of the products shall cease if it does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would entitle any person to present a petition for winding up (or in case of a person or firm commit an act of bankruptcy).
4.3 Notwithstanding the retention of property by HeadSprung! Ltd in accordance with the above provisions, all products supplied by HeadSprung! Ltd shall be at risk of the Customer as soon as they are delivered to the Customer’s premises or otherwise to order. 4.4 The Customer shall hold any proceeds of sale as a fiduciary until its account with HeadSprung! Ltd is settled.

5. With Specific Regard to Resellers and Retailers

5.1 We reserve the right to refuse terms and/or supply to any customer who we deem to be reselling or retailing HeadSprung! Ltd products through unapproved channels. These unapproved channels include: Any third party retail or wholesale company based in the UK or abroad; Shops and websites that have not been authorised as official HeadSprung! Ltd stockists, HeadSprung! Ltd specifically do not approve selling via eBay, Amazon or any other similar website. Customers with new or moved locations should notify us for approval in advance.
5.2 HeadSprung! Ltd accepts no responsibility for third party courier companies failing to adhere to allotted delivery slots or time related delivery requirements set out by the retailer. HeadSprung! Ltd will not accept any deductions or fines associated with these failings. HeadSprung! Ltd accepts responsibility for any damages to goods in transit due to lack of sufficient packaging on products dispatched from a HeadSprung! Ltd warehouse.

6. Customer Accounts

6.1 Applications for credit accounts will considered only if accompanied by acceptable trade references. To apply for an account please contact our sales team +44 (0)79 6688 9965 or info@headsprung.co.uk.
6.2 Initial Orders will be accepted strictly on a pro-forma basis.

7. Damaged Goods

7.1 Please report any damages or non-delivery immediately - no complaints for transit damage can be considered unless made in writing within 10 days of receipt of goods, and photographic evidence of the damaged goods and packaging are sent to us.
7.2 Any claim for damaged or defective goods can only be entertained if the goods are returned to HeadSprung! Ltd in their original packaging or similar suitable packaging to ensure sufficient protection in transit or if the goods are made available for collection from the location to which they were originally delivered by HeadSprung! Ltd or its authorised agents.

8. Faulty Goods, Warranties and Liabilities

8.1 Subject to conditions and provided the total price has been paid by the due date for payment, HeadSprung! Ltd warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship.
8.2 HeadSprung! Ltd will (at its own choice) either replace, repair, or give credit for Goods found to be faulty within HeadSprung! Ltd’s warranty period relevant to Goods of that type.
8.3 Unless otherwise stated the standard warranty period for all goods supplied by HeadSprung! Ltd will be 12 months from the date of purchase.
8.4 HeadSprung! Ltd will as far as possible endeavour to ensure that all goods supplied are safe and compliant with any relevant standards with regard to the specific intended and stated use for the goods.
8.5 HeadSprung! Ltd cannot be held responsible for defects arising from misuse or mishandling of goods. Any fault or damage to the goods supplied should be reported to HeadSprung! Ltd immediately, failure to do so may affect the warranty.

9. Disclaimer

9.1 Please make sure the e-mail address you provide us with is correct. All order confirmations are sent to that e-mail address. It is your responsibility to verify that your mailbox is in proper working order and you must assume the risk of all consequences for transmission or operational failures.
9.2 Any contracts or agreements formed between you and us by means of this web site shall be governed and construed according to English law and any disputes or proceedings shall be subject to the exclusive jurisdiction of the English courts.
9.3 All products and/or services displayed on this web site are subject to availability.
9.4 All prices are inclusive of VAT.
9.5 The contract price of any product is the price in force at the time of your order or (if lower) the price in force when your confirmation email is sent. No statement on this online store site shall be deemed to affect the statutory rights of a consumer which cannot be excluded or restricted by law.

10. Liability

10.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
10.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
10.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

11. Indemnification

11.1 You agree to indemnify, defend and hold HeadSprung! Ltd and all of its agents, directors, employees, information providers, licensors and licensees, officers and parent, (collectively, 'Indemnified Parties') harmless from and against any and all claims, liability, damages, losses, costs (including, without limitation, legal fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms & Conditions of Use or the foregoing representations, warranties and covenants.
11.2 You will cooperate as fully as reasonably required in HeadSprung! Ltd's defence of any claim.
11.3 HeadSprung! Ltd reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of HeadSprung! Ltd.

12. Force Majeure

12.1 We shall not be liable to you or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform any of our obligations in respect of the Goods or Services, if the delay or failure was due to any cause beyond our reasonable control.
12.2 Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control: act of God, explosion, flood, tempest, fire or accident; war, threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving our employees or of a third party); difficulty in obtaining materials, labour or machinery; and power failure or breakdown in machinery.
12.3 If we are unable to provide you with your Goods within a reasonable time due to circumstances outside our control, we shall either agree a new timescale with you for the delivery of the Goods or either of us may decide to terminate the Order in which case we will return any payments that you have made in full.

13. Changes to Terms

13.1 These terms are variable and subject to change without notice and HeadSprung! Ltd reserve the right to vary these terms from time to time as we see fit.
13.2 Furthermore these terms may be withdrawn without notice and may vary from contract to contract. A written copy of our current terms is available upon request.

14. Governing Law

14.1 HeadSprung! Ltd's Terms and Conditions of Use and Privacy Policy are governed by and construed in accordance the laws of England and Wales and in particular the Data Protection Act 1998 and other applicable privacy regulations (as amended, consolidated or re-enacted from time to time).