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Terms and Conditions

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Terms & Conditions

1. BUSINESS PURCHASERS AND CONSUMERS

1.1 Terms 1 to 5 (inclusive) apply to all purchasers of Products.

1.2 If you are:

(a) a consumer (i.e. an individual buying Products for purposes outside of their trade, business or profession), then terms 6 to 17 (inclusive) also apply to you and you should pay particular attention to term 9; or
(b) a business (i.e. someone buying Products for purposes related to their trade, business or profession), then terms 18 to 28 (inclusive) also apply to you.

2. INFORMATION ABOUT US

2.1 We operate the website . We are Rug Couture Ltd, a company registered in England and Wales under company number 05728357 and with our registered office at Unit 1, Gregston Trading Estate, Birmingham Road, Oldbury, West Midlands, B69 4EX.

2.2 Our VAT number is 890249602.

3. OUR STATUS


3.1 We may provide links on our site to the websites of other companies (whether affiliated with us or not).

3.2 We cannot give any undertakings or warranties (legal promises) that websites of other companies are appropriate or accurate and we shall not have any responsibility for their activities. Therefore, any warranties relating to these companies are disclaimed by us absolutely.

4. EVENTS OUTSIDE OUR CONTROL

4.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (Force Majeure Event). This includes any act, event, non-happening, omission or accident beyond our reasonable control. For example (without limitation):

(a) strikes;
(b) riots, terrorist attacks or war;
(c) fire, storm, flood, earthquake or other natural disaster; and
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

4.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues and we will have an extension of time for performance for the duration of that period. We will do our best to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

5. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS


5.1 We have the right to revise and amend these terms and conditions from time to time but you will be subject to the terms and conditions in force at the time that you order Products from us (unless any change to these terms and conditions is required to be made by law, in which case it will apply to orders previously placed by you).

5.2 If we change these terms and conditions, you will be required to accept the new version of them before you may order further Products from us.

TERMS AND CONDITIONS THAT APPLY TO CONSUMERS ONLY


6. DATA PROTECTION
By agreeing to these terms and conditions, you also consent to our processing of the personal data (e.g. your name and address) that you provide to us in accordance with our privacy policy, which is available at www.naturalrugstore.co.uk/privacy.asp.

7. YOUR STATUS

By placing an order through our site, you legally promise to us that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old; and (c) you are resident in (and the delivery address for the Products is in) the UK.

8. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US


8.1 Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you an e-mail that confirms your order for a Product (Order Confirmation). The contract between us (the Contract) will only be formed when we send you the Order Confirmation.

8.2 The Contract will relate only to those Products whose order we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Order Confirmation.

9. CONSUMER RIGHTS


9.1 All of our Products are made to your specifications (i.e. are ‘bespoke’). This means that, unlike most consumer contracts, you will not have any right to cancel a Contract.

9.2 This term 9 does not affect your other legal rights.

10. AVAILABILITY AND DELIVERY


10.1 We promise to deliver your order as soon as reasonably possible, provided that you are available to receive delivery. When your Product is ready for delivery, we will contact you to arrange a suitable date and time period.

10.2 In the event that we cannot deliver your order because you are not available to receive the Product at the time and date agreed, we shall be entitled to charge you in advance for any additional delivery charges up to £50 for each time that we attempt to re-deliver your order.

11. RISK AND OWNERSHIP


11.1 After the Products have been delivered, you will be responsible for them – in other words, you are responsible for the risk of anything happening to the Products.

11.2 You will only own the Products once you have paid us in full (including for any delivery charges) – until we have received full payment, the Products will belong to us. If (for any reason) payment for the Products is recalled or revoked, ownership shall immediately revert to us.

12. PRICE AND PAYMENT


12.1 The price of the Products and our delivery charges will be as quoted on our site from time to time and as confirmed to you at check-out.

12.2 Product prices include VAT.

12.3 Product prices and delivery charges are liable to change at any time but changes will not affect orders already placed.

12.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

12.5 Payment for all Products must be by credit/debit card (via WorldPay), PayPal, cheque or bank transfer.

12.6 If payment:

(a) has not cleared seven days after you made (or attempted to make) payment for a Product (referred to in the Order Confirmation); or
(b) at any time is recalled or revoked, we shall be entitled to terminate the Contract.

13. OUR REFUNDS POLICY


13.1 If you wish to return a Product to us for any reason (for instance, because you consider that the Product is defective), you must contact us first and we will tell you how to send the Product back to us. Please note that, as all Products are bespoke, we cannot offer refunds simply because you have changed your mind.

13.2 If you are due a refund for any reason under these terms and conditions (e.g. because the Product is defective), we will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full as well as any applicable delivery charges and any reasonable costs you incur in returning the Product to us.

13.3 We will usually refund any money using the same method originally used by you to pay for your purchase.

14. LEGAL PROMISES


14.1 We legally promise to you that any Product purchased from us through our site will, on delivery and for the following 12 months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. This means that we will not be responsible if any issues with a Product occur because you have mistreated it.

14.2 All Products are handmade, largely from natural materials. Accordingly, there could well be minor discrepancies (in Products as delivered) from any specifications, designs, samples, colours provided or shown to you. You agree that any discrepancies of this type shall not constitute a breach of our promise in clause 14.1.

15. OUR LIABILITY


15.1 Subject to term 15.2:

(a) our total liability to you (however the liability arises) shall not exceed the greater of:
(i) £4,000; or
(ii) twice the amount paid you have paid us for Products in the 12 months preceding the event that gave rise to our liability;
(b) we will not be liable for any minor discrepancies (in Products as delivered) from any specifications, designs, samples, colours provided/shown to you; (c) any term which might be implied into these terms and conditions (for example, by a particular law) are hereby excluded.

15.2 Nothing in these terms and conditions excludes or limits our liability for:

(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
(d) defective products under the Consumer Protection Act 1987; or
(e) any deliberate breaches of these terms and conditions by us that would entitle you to terminate the Contract; or
(f) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

16. WRITTEN COMMUNICATIONS


16.1 The law requires that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

16.2 This term 16 does not affect your legal rights.

17. GENERAL


17.1 If any term (or part of any term) of these terms and conditions is held to be unlawful, invalid or unenforceable, then that term (or part of that term) shall (to the extent required) be deemed not applicable and shall be rendered ineffective (so far as is possible) without modifying or affecting the remaining provisions of these terms and conditions.

17.2 These terms and conditions constitute the entire agreement between you and us relating to your use of our site and the Products. These terms and conditions replace any previous agreement or understanding between us relating to the Products.

17.3 No term of these terms and conditions will be enforceable by anyone apart from you and us.

17.4 We may let anyone take over our rights and/or obligations under these terms and conditions at any time.

17.5 You may not let anyone take over your rights and/or obligations under these terms and conditions without our prior, written consent.

17.6 If we fail to exercise (or delay in exercising) any of our rights or remedies, this will not mean that we have waived these rights or remedies.

17.7 These terms and conditions will be governed by English law.

17.8 You hereby submit to the non-exclusive jurisdiction of the English courts.

TERMS AND CONDITIONS THAT APPLY TO BUSINESSES ONLY


18. YOUR STATUS


18.1 By placing an order through our site, you warrant that:

(a) you have the authority to enter into binding contracts
(b) in respect of any personal data that you supply to us, you have the right to supply it to us for processing in the course of our fulfilment obligation; and
(c) your business is domiciled in (and the delivery address for the Products is in) the UK.

19. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US


19.1 Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you an e-mail that confirms your order for a Product (Order Confirmation). The contract between us (the Contract) will only be formed when we send you the Order Confirmation.

19.2 The Contract will relate only to those Products whose order we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Order Confirmation.

20. AVAILABILITY AND DELIVERY


20.1 We promise to deliver your order as soon as reasonably possible, provided that you are available to receive delivery. When your Product is ready for delivery, we will contact you to arrange a suitable date and time period.

20.2 In the event that we cannot deliver your order because you are not available to receive the Product at the time and date agreed, we shall be entitled to charge you in advance for any additional delivery charges up to £50 for each time that we attempt to re-deliver your order.

21. RISK AND TITLE


21.1 The Products will be at your risk from the time of dispatch.

21.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

21.3 If (for any reason) payment for the Products is recalled or revoked, ownership shall immediately revert to us. If this happens, provided that the Products have not been resold (or irrevocably incorporated into another product) and without limiting any other right or remedy we may have, we may at any time require you to deliver up the Products and, if you fail to do so promptly, enter any premises of yours or of any third party where the Products are stored in order to recover them.

22. PRICE AND PAYMENT


22.1 The price of the Products and our delivery charges will be as quoted on our site from time to time and as confirmed to you at check-out.

22.2 Product prices include VAT.

22.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

22.4 We are under no obligation to provide a Product to you at an incorrect price (i.e. which is lower than the correct price), even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.

22.5 Payment for all Products must be by credit/debit card (via WorldPay), PayPal, cheque or bank transfer.

22.6 If payment:

(a) has not cleared seven days after you made (or attempted to make) payment for a Product (referred to in the Order Confirmation); or
(b) at any time is recalled or revoked, we shall be entitled to terminate the Contract.

23. WARRANTIES


23.1 We warrant to you that any Product purchased from us through our site will, on delivery and for the following 12 months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

23.2 All Products are handmade, largely from natural materials. Accordingly, it is possible that there will be minor discrepancies (in Products as delivered) from any specifications, designs, samples, colours provided/shown to you and you acknowledge and agree that such discrepancies shall not constitute a breach of clause 23.1.

24. LIMITATION AND EXCLUSION OF LIABILITY


24.1 This term 24 sets out our entire liability to you. You acknowledge and agree that this term 24 reflects a fair allocation of risk between you and us.
24.2 Subject to term 24.3:

(a) our total liability to you (howsoever such liability may arise) shall not exceed the greater of:
(i) £2,000; or
(ii) twice the amount you have paid us for Products in the 12 months preceding the event that gave rise to our liability;
(b) we shall have no liability for minor discrepancies (in Products as delivered) from any specifications, designs, samples, colours provided/shown to you;
(c) any terms, conditions and/or warranties implied by law (whether by statute, common law or otherwise) are hereby excluded.

24.3 Nothing in these terms and conditions excludes or limits our liability:

(a) for death or personal injury caused by our negligence;
(b) for fraud or fraudulent misrepresentation;
(c) for any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
(d) under the Consumer Protection Act 1987 for defective products; or
(e) for any other matter for which it would be illegal (according to applicable law) for us to exclude or attempt to exclude our liability.

25. WAIVER


25.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

25.2 A waiver by us of any default will not constitute a waiver of any subsequent default.

25.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

26. SEVERABILITY

If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

27. ENTIRE AGREEMENT


27.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

27.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

27.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

28. LAW AND JURISDICTION


28.1 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the law of England and Wales.

28.2 Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.