Terms and Conditions of rossandbrownhome.co.uk
3. CHANGES TO TERMS
6. AGE RESTRICTION
7. ACCEPTANCE OF ORDER
8. ENTIRE AGREEMENT
10. RIGHT TO CANCEL
11. RETURN AND REFUND OF CANCELLED PRODUCTS
13. INTERNATIONAL DELIVERY
14. PRICE AND DELIVERY CHARGES
16. THIRD PARTY MANUFACTURER GUARANTEES
17. LIMITATION OF LIABILITY
18. CIRCUMSTANCES BEYOND OUR CONTROL
21. CONTACT US
Circumstances Beyond Our Control means the situations set out in clause 18;
Contract means the written terms governing the provision and use of our Product that incorporates these conditions and is formed on dispatch of the Product to you as confirmed by the Dispatch Confirmation email;
Dispatch Confirmation is the email we will send you upon dispatch of your Order;
Order means the online purchase of our Products by yourself using our Site;
Products means a product displayed for sale on our Site;
Product Description means that part of the Site where certain terms and conditions in respect of the individual Product are provided;
Site means the website rossandbrownhome.co.uk or any subsequent URL which may replace it;
We/us means Ross & Brown Ltd;
You means a user of this Site.
2.1 rossandbrownhome.co.uk is owned and operated by Ross & Brown Ltd, a company registered in England and Wales under company number 9015525 and with our registered office at 2 Villiers Court, 40 Upper Mulgrave Road, Cheam, Surrey, SM2 7AJ, business address at 13 Jubilee Way, Eurolink Business Centre, Faversham, Kent, ME13 8GD.
2.2 Please read these Conditions carefully before placing an Order. By purchasing Products on this Site, you agree to be bound by these Conditions. If you are not willing to be bound by these Conditions please do not purchase Products on this Site.
3.1 We reserve the right, at our discretion, to modify, add, or remove any or all of these Conditions at any time and each such change shall be effective immediately upon posting.
3.2 Please check these Conditions periodically for changes.
3.3 Your continued use of this Site and purchase of Products on this Site following the posting of changes to these Conditions will mean you accept those changes. Please check the Conditions before every purchase.
3.4 If the revised Conditions apply to your Order, we will notify you of the changes. If you intend to cancel the Contract with us upon such changes, you may cancel either in respect of all the affected Products or just the Products you are yet to receive. If you opt to cancel, you shall return (at our cost) relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
5.1 Each Product purchased is subject to its Product Description. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Site are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Site up to date the information, including Product Descriptions, appearing on this Site at a particular time may not always reflect the position at the exact moment you place an Order. We have made every effort to display the images of the Products accurately on our Site, but they are for illustrative purposes only. Products delivered and packaging may vary slightly from those images.
6.1 You shall not purchase any Products from our Site if you are below the age of 18 years old.
7.1 Order acceptance and the completion of the Contract between you and us will take place on the dispatch to you of the Products ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with these Conditions.
7.2 If there is any conflict between these Conditions and any Conditions on the Order, the Order will take priority.
7.3 At the time we send email acknowledgment of your Order an order number is assigned to you. You should quote the order number in all your subsequent correspondence relating to the Order.
7.4 If you have already paid for the Products and we are unable to supply you with a Product because the Product is not in stock or no longer available or because of an error in the price on our Site, we will notify you and will refund you the full amount (including any delivery costs charged) as soon as reasonably possible.
9.2 You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.
9.3 Except as expressly stated in these Conditions, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
10.1 Your legal right to cancel a Contract starts from the date on which you receive the Dispatch Confirmation. Your right to cancel the Contract depends on what you have ordered and how it is delivered, as set out in clause 10.2 below.
10.2 You have a legal right as a consumer to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below:
Your Contract End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days). 14 days after the day on which you received the Product.
Example: if we provide you with a Dispatch Confirmation on 1 April and you received the Product on 10 April you may cancel at any time between 1 April and the end of the day on 24 April.
Your Contract is for either of the following:
• one Product which is delivered in instalments on separate days.
• multiple Products which are delivered on separate days. 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 April and you receive the first instalment of your Product or the first of your separate Products on 10 April and the last instalment or last separate Product on 15 April you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 April and the end of the day on 29 April.
Your Contract is for the regular delivery of a Product over a set period. 14 days after the day on which you receive the first delivery of the Products.
Example: if we provide you with a Dispatch Confirmation on 1 April in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 April, you may cancel at any time between 1 April and the end of the day on 24 April. 24 April is the last day of the cancellation period in respect of all Products to arrive during the year.
10.3 If during the relevant period you intend to cancel the Contract with us, you must notify us in writing in accordance with Clause 11 below of your decision and receive a refund. You can obtain advice on your legal right to cancel the Contract from your local Citizens' Advice Bureau or Trading Standards office.
10.4 However, you cannot cancel the Contract in below cases:
a) The Products are made to your specification or have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly; or
b) Self assembly furniture once assembly is part or fully completed.
11.1 To cancel a Contract in accordance with clause 10 above, you should fill in the cancellation form [INSERT LINK TO FORM] available on our Site. The Dispatch Confirmation will also have a link to the cancellation form. On receipt of your cancellation form we will e-mail you confirmation of receipt.
11.2 You can also e-mail us at firstname.lastname@example.org or by post to 13 Jubilee Way, Eurolink Business Centre, Faversham, Kent, ME13 8GD. If you are emailing us or writing to us please include details of your Order including the order number.
11.3 If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
11.4 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 0345 600 3315 or by e-mailing us at email@example.com.
11.5 We will contact you or give you notice by e-mail or by pre-paid post to the address you provided us with your Order.
11.6 If you cancel your Contract we will:
a) refund you the price you paid for the Products after deducting any reduction in the value of the Products that has been caused by your handling them in an unacceptable manner. See our Returns page for information about acceptable handling and examples.
b) refund you any delivery costs you have paid calculating them on the basis of the least expensive delivery method that is generally acceptable. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 11.9;
(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you notify us that you intend to cancel the Contract.
11.7 If you have returned the Products because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
11.8 Refunds will be made to you on the credit card or debit card used by you to pay.
11.9 If a Product has been delivered to you prior to your decision to cancel your Contract:
a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please see our Returns page for our returns address. If we have offered to collect the Products from you, we will collect the Products from the address to which they were delivered;
b) you will be responsible for the cost of returning the Products to us except where the Product is faulty or not as described. If the Product cannot be returned by post, then the costs of delivering it by carrier should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, you will be charged with the direct cost to us of collection.
11.10 As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 11 or anything else in these Terms. You can seek advice on your legal rights from your local Citizens' Advice Bureau or Trading Standards office.
12.1 The estimated delivery date will be displayed on each Product Description and begins the day after the date of the Dispatch Confirmation. Should the estimated delivery date differ from the date on the Product Description we will notify you on the Dispatch Confirmation and if this is not acceptable to you, you have the right to cancel on the terms set out in these Conditions. Our delivery date may occasionally be affected by Circumstances Beyond Our Control in which case please see clause 18 below.
12.2 If no one is available at your address to take delivery, we will leave you a note to rearrange delivery.
12.3 Delivery of an Order shall be deemed to be completed when:
(i) we deliver the Products to the address given by you; or
(ii) we deliver the Products directly to you
and you will be responsible for the Products from that time.
12.4 Upon receipt of full payment (including all applicable delivery charges) you will be the owner of the Products.
12.5 If we fail to deliver Products within 30 days then you may cancel your Order straight away if any of the following applies to you:
a) we have refused to deliver the Products;
b) delivery within the delivery deadline was essential considering relevant circumstances; or
c) you informed us prior to acceptance of your order that delivery within the delivery deadline was essential.
12.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 12.5, you can specify a new reasonable delivery deadline, and you can cancel your Order if we do not meet the new deadline.
13.1 Unfortunately, we do not deliver to addresses outside the UK or accept orders for Products that are made outside the UK.
14.1 Prices of the Products are specified on our Site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.
14.2 Our prices are inclusive of VAT. However, if there is a change in the rate of VAT between the date of the Order and the date of delivery or performance, the rate of VAT that you pay will be adjusted, unless you have already paid full purchase price prior to the change in the rate of VAT takes effect.
14.3 Delivery cost is not included in the price specified for a Product. It will be added to the due amount.
14.4 Despite our reasonable efforts, there may be incorrect prices on some of the Products. If the Products' correct price is less than a price shown on our Site, the lower amount will be charged. If the Products' correct price is higher than the price specified on our Site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakeable and mispricing could have been recognised reasonably by you, we will not be liable to provide the Products to you at the lower price that was incorrect.
Payment for Products is to be made in advance by credit or debit card. Your credit or debit card will not be charged until the Products are dispatched to you. A list of acceptable payment methods will be shown during the check-out process.
Some of the Products have a third party manufacturer's guarantee as provided with the Products. This is in addition to your consumer rights in relation to Products that are faulty or not as described.
17.1 We are responsible for loss or damage you suffer that is consequence of our negligence or our breach of the Conditions, but we are not responsible for any loss or damage that is not a consequence of our negligence or our breach of the Conditions. Any damage caused to your property in the course of installation (where installed by us) or performance of Products will be repaired by us. However, any pre-existing faults or damage to your property will not be repaired.
17.2 Products supplied by us are for non-commercial purposes only. You shall not use the Products for any business or re-sale, commercial purpose. We are not liable to you for any loss of business, profit, business opportunity, goodwill, anticipated savings, revenue or business interruption.
17.3 Exceptions to Limitation of Liability
Our liability does not exclude or limit in any way:
(a) fraud or fraudulent misrepresentation;
(b) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(c) defective products under the Consumer Protection Act 1987;
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Products Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) breach of the terms implied by section 12 of the Sale of Products Act 1979(title and quiet possession).
18.1 If there is failure to perform, or delay in performance of any of our obligations under these Conditions due to Circumstances Beyond Our Control, we will not be liable for such failure.
18.2 Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.
18.3 If any Circumstances Beyond Our Control affects the performance of our obligations under these Conditions:
(a) you will be notified as soon as reasonably possible; and
(b) the time for performance of our obligations will be extended and our obligations under these Conditions will be suspended for the duration of the Circumstances Beyond Our Control. If the delivery date is affected by the Circumstances Beyond Our Control, we will reschedule the delivery date with you after the Circumstances Beyond Our Control are over.
18.4 If Circumstances Beyond Our Control occur and you do not wish us to provide the Products, you may cancel the contract in accordance with clause 11. We may cancel the contract if the Circumstances Beyond Our Control continues for more than 4 weeks in accordance with our cancellation rights in clause 11.
19.1 Any notice to us should be in writing and sent to us by e-mail, by hand, or by pre-paid post to Ross & Brown Ltd at 13 Jubilee Way, Eurolink Business Centre, Faversham, Kent, ME13 8GD or firstname.lastname@example.org.
19.2 Any notice to you will be in writing by e-mail, by hand, or by pre-paid post to the address you provided us with on the Order.
20.1 We may assign our rights and obligations under these Conditions to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.
20.2 You cannot transfer your rights and obligations under these Conditions to any another person without our written approval.
20.3 This Contract is only between you and us. No other third person shall have any rights to enforce any terms.
20.4 Each paragraph and/or clause of these Conditions are separate and distinct from each other. If any court or relevant authority determines any of paragraphs and/or clauses of these Conditions is unlawful, then such determination will not affect other paragraphs and/or clauses and all other remaining paragraphs and/or clauses will remain in effect and full force.
20.5 Our failure to insist that you perform any of your obligations under these Conditions, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.
20.6 English law governs these Conditions and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Conditions or Contract between you and us. However, you may bring proceedings in Northern Ireland if you are a resident of Northern Ireland, and you may bring proceedings in Scotland if you are a resident of Scotland.
21.1 For any questions or queries you can contact us at 0345 600 3315 or e-mail us at email@example.com.