The following Terms and Conditions are applicable to every order placed with RoomsForGardens
furniture and every order accepted by RoomsForGardens furniture is accepted
subject to these Terms and Conditions. Nothing in these Terms and
Conditions affects your statutory rights.
1. Definitions
1.1 "you" means the person who buys or agrees to buy
Goods from RoomsForGardens furniture.
1.2 "we" "our" "us" means RoomsForGardens
furniture.
1.3 "consumer" means any natural person acting for purposes
outside his or her business.
1.4 "Goods" means the products you agree to buy from
us.
1.6 "Working day" means any day except Saturday, Sunday
and all Public and Bank holidays.
2. The Order for the Goods
Our procedures regarding orders are as follows: -
2.1 Any order placed with us, by e-mail or through our on-line
ordering service will be regarded as an offer by you to buy the
Goods from us. If your order is accepted you will be sent, by e-mail,
a written acknowledgment which will confirm the Goods ordered, the
price and will give you an order number and at that point a contract
will exist between you and us.
2.2 Photographs on our web-site are for illustrative purposes only
and may not exactly match the product itself or its colour or the
colour of any materials.. Photographs or illustrations do not comprise
any contractual warranty on our part and you should not rely on
them as an exact representation of the products. All measurements
shown on our website are approximate.
3. The right of a consumer to cancel
Where you act as a consumer:
3.1 You do have the right to cancel your contract in all cases
at any time up to the end of the 7th Working day from the date you
received the Goods. You will not need to give a reason for cancelling
your contract, nor will you have to pay any penalty.
3.2 To cancel your contract you must notify us in writing at the
Contact Address.
3.3 If you receive the Goods before you cancel your contract, then
you must send the Goods back to our Contact Address at your own
costs and risk. If you cancel your contract but we have already
processed the Goods for delivery, you must not unpack the Goods
when they are received by you and you must send them back to us
at our Contact Address at your own cost and risk as soon as possible.
If you require us to collect the Goods, we will tell you within
21 days of the date of cancellation when we will collect the Goods
from you. The cost and risk in relation to such collection is your
responsibility.
3.4 Once you have notified us that you are cancelling your contract,
any sum debited to us from your credit card will be re-credited
to your account as soon as possible and in any event within 30 days
of your order provided that the Goods in question are returned by
you and received by us in the condition they were in when delivered
to you. If you do not return the Goods delivered to you or do not
pay the costs of delivery, we shall be entitled to deduct the direct
cost of recovering the Goods from the amount to be re-credited to
you.
4. Cancellation by us
4.1 We reserve the right to cancel the contract between us if:
4.1.1 we have insufficient stock to deliver the Goods you have
ordered; 4.1.2 one or more of the Goods you ordered was listed at
an incorrect price due to a typographical error or an error in the
pricing information received by us from our supplier.
4.2 If we do cancel your contract we will notify you by e-mail
and will credit your account by any sum debited by us from your
credit card as soon as possible, but in any event within 30 days
of your order. We will not be obliged to offer any additional compensation
for disappointment suffered.
5. The Goods
We reserve the right to cancel the contract between us if :
We may make any changes in the specification of the Goods which
do not materially affect their appearance, quality or performance
required to conform to applicable statutory requirements where the
Goods are supplied to our specification.
6. Price
We reserve the right to cancel the contract between us if:
6.1 The price payable for the Goods shall be as confirmed in the
e-mail, acknowledgment that we send to you, in accordance with the
provisions of clause 2.1. We reserve the right to rectify any error.
Prices are inclusive of VAT.
6.2 Payment shall be due on acceptance of the order. If you fail
to make payment or if your funds fail to clear, or are later recalled,
we may suspend delivery of the Goods until payment is made in full.
6.3 In the event of any increase in cost to us of raw materials,
labour or overheads or any increase in taxes or duties, or any variation
in exchange rates; we may increase the price payable under the contract
having first given written notice to you. If a notice of price increase
is given by us you have the right to cancel the order and receive
back any sums you have paid. Notice of cancellation must be received
in writing at our Contact Address within seven days of delivery
of the notice of price increase to you.
7. Delivery
7.1 We will deliver the Goods ordered by you to the address for
delivery you give to us at the time you make your order. You hereby
confirm there is adequate access for us to deliver the Goods;
We will not move or take away any existing goods or property for
the purpose of assembly or installation of the Goods.
7.2 Delivery will be made within 14 days after your order, unless
you agree an alternative date with us. Time is not of the essence
for delivery and we will not incur any liability for any delay in
delivery, however it is caused.
7.3 Delivery charges are free to main land UK set out in our web-site.
We do make deliveries outside of main-land United Kingdom please
ask for quotation when requesting delivery.
7.4 You become the owner of the Goods you have ordered when they
have been delivered to you. Once the Goods have been delivered to
you, they are held at your risk and we will not be liable for their
loss or destruction.
8. Warranties and liability
8.1 All Goods supplied by us come with a manufacturers' warranty
of 36 to12 months (see warranty section) and we will give you such
information as is necessary to claim under the manufacturers' warranty.
If you need to make a claim you must contact us in the first instance.
8.2 If the Goods we deliver are not what you ordered or are damaged
or defective, or the delivery is of an incorrect quantity, we shall
have no liability to you unless you notify us in writing at our
Contact Address of the problem within seven working days of the
delivery of the Goods in question.
8.3 If you do not receive the Goods ordered by you within 30 days
of the date of your order, we shall have no liability to you unless
you notify us in writing at our Contact Address of the problem within
40 days of the date upon which you ordered the Goods.
8.4 If you notify a problem to us under clauses 8.2 or 8.3, our
only obligation will be, at your option :
to make good any non-delivery; or short delivery; or to replace
or repair any Goods that are damaged or defective; or to refund
to you the amount paid by you for the Goods in whatever way we choose.
8.5 If you are dissatisfied with your purchase for a reason set
out in clause 8.2 above, you may, within 7 working days of delivery,
contact us to arrange collection of the Goods at our expense. Any
money which you have paid, excluding the delivery cost to you, will
be refunded within 30 days provided that we receive the Goods in
the condition they were in at the time of delivery to you. Your
account will then be credited with the full purchase price of the
Goods. If you paid by credit-card, your credit-card account will
be credited accordingly.
8.6 Except where you act as a consumer, all other warranties, conditions
and terms relating to fitness for purpose, satisfactory quality,
or condition of the Goods, whether implied by statute or common
law or otherwise, are excluded to the fullest extent of the law.
8.7 Save as precluded by law, we will not be liable to you for
any consequential loss, damage or expenses, (including loss of profits,
business or goodwill) howsoever arising out of any problem you notify
to us under this condition and we shall have no liability to pay
any money to you by way of compensation other than to refund to
you the amount paid by you for the Goods in question.
8.8 Notwithstanding anything set out above, nothing in these Terms
and Conditions is intended to limit any rights that you might have
as a consumer under the United Kingdom laws or other statutory rights
that may not be excluded nor in any way to exclude or limit our
liability to you for any death or personal injury resulting from
our negligence.
9. Notices and correspondence
All notices and correspondence from you to us must be in writing
and sent to our contact address.
10. Events beyond our control
We will have no liability to you for any failure to deliver Goods
you have ordered or any delay in doing so or for any damage or defect
to Goods delivered that is caused by any event or circumstances
beyond our reasonable control including, without limitation, strikes,
lock-outs and other industrial disputes, breakdown of systems or
network access, flood, fire, explosion or accident.
11. Exchange of Goods
If you wish to exchange Goods for other goods, we will do this
subject to:
a) the return of the Goods by you at your expense to our Contact
Address at 225 Coppermill Road, Wraysbury, Staines, TW19 5NW.
b) the Goods being in the condition they were in when they were
delivered to you; and
c) you must not unwrap the Goods and/or remove any wrapping. We
will not exchange goods where they have been unwrapped from the
packaging.
12. Invalidity
If any of these Terms and Conditions are unenforceable, including
any provision in which we exclude our liability to you, the enforceability
of any other part of these Conditions will not be affected.
13. Privacy
We acknowledge and agree to be bound by the Terms of our Privacy
Policy.
14. Third Party rights
Except for our affiliates, directors, employees or representatives,
a person who is not a party to this agreement has no rights under
the Contracts (Rights of Third Parties) Act 1999 to enforce any
term of this Agreement but this does not affect any right or remedy
of a third party that exists or is available apart from that Act.
15. Governing Law
The contract between us shall be governed by and interpreted in
accordance with English Law and the English Courts will have jurisdiction
to resolve any disputes between us.
16. Entire Agreement
These Terms and Conditions, together with our current web-site prices,
delivery details, contact details and privacy policy and the conditions
of use of our web-site, set out the whole of our agreement relating
to the supply of the Goods by us to you. Nothing said by any sales
person on our behalf should be understood as a variation of these
Terms and Conditions or as an authorised representation about the
nature or quality of any of the Goods offered for sale by us. Save
for fraud or fraudulent misrepresentation, we shall have no liability
for any such representation being untrue or misleading.
Website Conditions of Use
1. Our Terms
All use of our website ("Site") is on these terms. If
you do not agree with the terms then cease use of the Site NOW.
The terms are a contract between us and you may wish to print a
copy for future reference. We sometimes change the terms and changes
will be posted here.
2. Information
We work very hard to make sure information on the Site is accurate
and up to date. Let us know if you find anything wrong. However,
you should check independently any information before you rely on
it. No representations are made by us that the information is accurate
and up to date or complete and we do not accept liability for loss
arising from any inaccuracy or information that is out of date.
This is a website providing information free of charge.
3. Copyright
Copyright material appears on the Site which is our property or
the property of our content and technology providers or their respective
owners. We do not give permission for you to re-publish, alter,
transmit or otherwise copy any material on the Site but you may
download information from the Site for your own personal use. Except
as otherwise expressly permitted under Copyright Law, no copying,
re-distribution, re-transmission, publication or commercial exploitation
of downloaded material will be permitted without our express permission
and that of the Copyright owner.
4. Trade marks
Any trade marks, designs, business names, company names and logos
are the property of their respective owners.
5. Liability
As information on our Site is provided free of charge, we do not
accept liability for it. We will not be liable to you for any indirect
or consequential loss, loss of profit, revenue or goodwill arising
from your use of the Site or information on the Site. Subject as
provided below, all terms implied by Law are excluded, caused by
our negligence or the negligence of our employees, agents or directors
and also for fraudulent misrepresentation caused by us, our employees,
agents or directors..
6. Supply of goods
Where you buy goods from our Site you are subject to our Terms
and Conditions which supplement these conditions.
7. Law
You agree that English Law shall apply to these terms and to submit
to the jurisdiction of the English Courts if a dispute arises. We
aim to ensure our Site complies with English Law but not laws of
any other country. If there is anything on the Site that you are
not allowed under the laws to which you are subject to access or
see, cease using the Site immediately.
8. General
Any formal, legal notices should be sent to us at the address at
the end of these Terms by e-mail, confirmed by post.
Failure by us to enforce a right does not result in waiver of such
right.
You may not assign or transfer your rights under this Agreement.
We may amend these terms at any time by posting a variation on the
Site.
Our address is: roomsforgardens.co.uk, 225 Coppermill road, Wraysbury, Middlesex, TW19 5NW. Our e-mail address is: enquiries@RoomsForGardens.com
