Craig & Rose Limited - Website Terms & Conditions

Version 2.0- January 2017

Website Terms of Use

This website is owned by Craig & Rose Limited a company incorporated in the United Kingdom under number 09968464 with the registered address of 20-22 Bedford Row, London, WC1R 4JS (“Craig & Rose” or the "Company”). Throughout these terms and this website, the terms "we", "us", "our" refer to the Company and any of our affiliated companies (as relevant). Our VAT number is 243830515. As a user of this website (referred to as "you" / "your") you should ensure that you read and understand these Website Terms and Conditions before ordering any goods or services via our website. If you use our website, you are agreeing to be bound by the terms listed below and any other laws or regulations which apply to this website.

General disclaimer

This website has been compiled on the basis of general information current at the time of publication. Changes in circumstances after publication may affect the completeness or accuracy of this information. To the maximum extent permitted by law, we disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, currency and reliability of the information on this website, and to seek professional advice where necessary.

Nothing contained on this website is to be interpreted as a recommendation to use any product, process or formulation or any information on this website in a manner which infringes the intellectual property rights of any person, company or entity. We make no representations or warranties that use of the information on this website will not infringe such intellectual property rights.

We make no representation that the products displayed on this website are currently available or that their specifications are current and complete.  Display of any product does not constitute an offer or undertaking by us.

We make this website and its contents available on an as-is basis. We make no representations or warranties of any kind with respect to this website or its contents. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the security, completeness, accuracy, merchantability or fitness for purpose of this website, including without limitation the information on this website, products referred to on this website and any email correspondence between you and us.

Nothing contained on this website amounts to an invitation to deal in shares or other securities of any entity related to us. Please seek independent professional advice before making a decision to invest in any entity related to us. 

Intellectual Property Statement

Unless otherwise indicated, all copyright and other intellectual property rights in the website design, text, images, graphics, data, information, logos, and other materials on this website, including the selection and arrangement thereof, and all software relating to this website, belongs to the Company.  This copyright is protected by Australian, English and international copyright laws. All trade marks, service marks, trade names, branding and get-up (trade dress) on this website belong to the Company, its related entities or its licensors. The Company, its related entities or its licensors do not give you any licence or right to use them.

Subject to the following paragraph, no material from this website may be copied, reproduced, distributed, modified, uploaded, transmitted, reused, re-posted, published or framed within another website without our prior written permission.

We grant you permission to download a copy of the material on this website in the usual course of operating your web browser, for your personal non-commercial use. You may also print hard copies of the material on this website, provided you retain all copyright and other proprietary notices on that material.

Limitation of liability

The use or reliance on the information on this website is at your own risk. The Company, its related entities, its directors, employees, shareholders, agents and other representatives will not, under any circumstances, be liable for any injury, loss, damage, claims, expenses, or liabilities whatsoever arising out of or related to the use, or inability to use, the information on this website or provided through this website by email. This limitation of liability includes, but is not limited to, compensatory, direct, incidental, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and third party claims.

To the maximum extent permitted by law, the Company does not accept any responsibility to maintain the material and services made available on this website or to supply any corrections, updates, or releases in connection therewith. Any material on this website is subject to change without notice.

Nothing in these terms operates to limit or exclude liability that cannot by law be limited or excluded.  If you are a  consumer for the purposes of the law applicable to you, with the consequence that certain guarantees and certain rights and remedies are conferred on you which cannot be excluded, restricted or modified, then to the maximum extent permitted by law (which if you are a consumer may be more favourable to you than the limitations set out below), our liability to you is limited at our option to: (a) in the case of goods: (i) replacement of the goods or the supply of equivalent goods; (ii) repair of the goods; (iii) payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; and (b) in the case of services: (i) resupply of the services; or (ii) payment of the cost of resupplying the services.

If you are acting as a consumer, you may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations. Nothing in these Website Terms and Conditions is intended to limit your legal rights as a consumer. For further information about your legal rights you can contact your local authority Trading Standards Department.

Links

We permit linking to this website, provided that the full html page is loaded.  Any such links must not incorporate our trade marks or service marks, and must not be used to disparage or otherwise detrimentally affect the reputation of the Company or its related corporations.

Information on this website may include links to the websites of others outside our network. These links are provided for your convenience only.  The inclusion of any link to other websites does not imply endorsement by the Company of third party companies, individuals, products, information, or opinions. We do not warrant that information on any third party websites is free from computer viruses or any defects, errors or infringements of intellectual property rights, nor do we authorise any such infringement by providing these links. We recommend you read the legal and privacy notices of any other websites that you visit.

If this website contains third party advertisements (such as banner ads or referral buttons) which contain embedded links to other sites where goods or services are advertised, the placement of such advertisements on this website does not constitute the recommendation or endorsement by us or any goods or services advertised by the third party. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase or acquire from those third parties.

We disclaim liability for any loss or damage whatsoever arising from your use of links to third party websites.

Privacy Policy

When you use this website our hosting platforms or Internet Service Provider (ISP) may make a record of your visit and log your IP or server address, your domain name, the date, time and duration of your visit, the pages and documents you accessed, the previous site you had accessed (ie, the referring url) and the type of browser you are using. This information is collected for statistical purposes only, and we will not make any attempt to identify users according to their browsing activity. It is also possible that your ISP is logging your activity while you visit our site. This is beyond the control of the Company.

While you are visiting our site we may use cookies to facilitate a more personalised web browsing experience. You may disable cookies in your web browser’s settings. Except where you volunteer personal or business information, we will not procure information about you via any alternative means while you visit our site. While we employ advanced data encryption technology when interfacing with its customers, suppliers and other partners, users should be aware that there is an inherent risk in transmitting any data electronically. This risk is inherent in all Internet dealings.

Any personal information sent to this website is subject to our Privacy Policy and privacy laws. If you do supply personal information, we are required to comply with our Privacy Policy and relevant privacy laws when we collect and use such information. To read our Privacy Policy please click here

Unsolicited materials and ideas

It is our policy not to accept information from third parties which is confidential or proprietary. If you wish to retain the confidentiality of your information, do not submit it to us via email or otherwise.

Any non-personal information you submit to us will become our property, and we may use it for any purpose and in any way, including but not limited to, reproduction, disclosure, transmission, publication, and broadcasting or otherwise, without any obligation to reference or compensate you.

We are free to use any unsolicited ideas, artwork, inventions, developments, suggestions or concepts contained in any communication sent to this website by you for any purposes (including but not limited to the developing, manufacturing, advertising and marketing of products), without any obligation to reference or compensate you.

This will apply even if your material includes a statement contrary to these terms of use.

Governing Law/Jurisdiction

If a dispute arises regarding these terms of use, the laws of England and Wales, will apply. In relation to any such dispute, you agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.

If you access this website in a jurisdiction other than England and Wales, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.

If the information on this website is translated into or presented in languages other than English, the English version of that information will be authoritative in relation to any disputes regarding its interpretation.

Updates to Terms  

We reserve the right to make any changes and corrections to these terms at any time.

If any provision of these terms is held void, unenforceable or illegal, that provision will be severed, and the remaining provisions will have full force and effect. 

WEBSITE TERMS & CONDITIONS OF SALE

Warning

If you are uncertain as to your rights under these Website Terms and Conditions or you want any explanation about them please contact us at the address and telephone number set out at the end of these Terms and Conditions.

Important Information

Contract terms

These terms set out the basis on which we may sell products to you via our website, please read these terms carefully. The Website Terms and Conditions are to be read in conjunction with the Craig & Rose Standard Terms and Conditions of Sale  (the “Standard Terms”). If there is an inconsistency between the Standard Terms and the Website Terms and Conditions, the then the Website Terms and Conditions shall prevail to the extent of the inconsistency.

It is our intention that the terms of the contract between us and you are all contained in:

 We intend that the terms of our contract will also include any special agreed terms that have been subsequently discussed, confirmed and agreed in writing between you and us.

If goods or services ordered via this website are being provided by a third party, that third party's own terms and conditions may also apply to your order. We shall inform you at the time you place your order if third party terms and conditions apply and we shall also make a copy of these terms and conditions available to you at this time.

Changes to these terms and conditions

We reserve the right in our sole discretion to modify, alter or otherwise update these terms and conditions and the content of our web pages (including details of prices, products, services and offers) at any time.

You will be asked to read and accept the terms and conditions each time you place an order, to ensure that you are familiar with the most current ones.

Order process

Who is permitted to purchase goods or services

You are only permitted to use this website to submit an offer to buy goods or services if you:-

  • are aged 16 years or older;
  • are resident within the United Kingdom; and
  • you have authority to bind any business on whose behalf you use this website (if you are not the consumer of the goods or services ordered).

 Your offer to purchase goods / services

Nothing on this website is intended to mean that we are making a legally binding offer to you to provide goods or services: instead, we are inviting you to make a legally binding offer to us to purchase goods or services.

Offers can be submitted by completing the online order form on our website and clicking on the "SUBMIT ORDER" button.

Acknowledgement of your offer

Once you have submitted your offer to us, you should be presented with a confirmation web page which sets out the final details of your offer.

We shall also endeavour to confirm the details of your offer by email within 24 hours. Please note that although this email constitutes notification of receipt of your offer, it does not constitute our acceptance of your offer.

Acceptance of your offer & formation of our contract

Unless specifically accepted by us as set out below, we will not be bound by any offers submitted by you via this website.

Our contract with you is formed only when we have accepted your order by:-

  • delivering the goods or providing the services you have offered to purchase (in which case the date of formation of the contract is the date on which we attempt to deliver the goods or perform the services); or
  • if earlier, sending you notice of our acceptance by email or by post (in which case the date of formation of our contract is the date shown on that notice of acceptance).

All contracts shall be concluded in the English language.

Rejection of your offer

It is entirely at our discretion to accept or reject any offer submitted by you. Our acceptance of such offers is always subject to authorisation of your payment details, availability of stock at the stated price and confirmation that you have read and accepted these terms and conditions by checking the "I ACCEPT" checkbox.

If for whatever reason we are unable to accept your order, we shall endeavour to notify you of this promptly and shall provide a full refund of any prepayments made.

Delivery of goods / performance of services

Address

Goods or services ordered via this website can only be delivered to or performed at addresses in mainland Scotland, England, Wales or Northern Ireland, being the address provided by you in your offer to purchase goods or services from us. If you require delivery or performance outside the UK mainland, please email us.

All goods must be signed for on delivery, the signatory being either you or another person authorised by you who is aged 16 years or over.

Date

If we accept your offer to purchase goods or services from us, we shall use reasonable endeavours to deliver the goods or provide the services you have ordered:-

  • within thirty (30) days after we receive your offer; or
  • if we agree an alternative later date with you, by that date (provided that the alternative date is not merely declared to be an estimate).

We can only deliver goods to you during normal working hours, on normal working days Monday to Friday (excluding public holidays). We are unable to specify the exact time or period in the day at which the goods will be delivered to you.

Delay

If we anticipate any delay in delivery or performance, we shall endeavour to notify you of such delay as soon as possible.

If we cannot supply you with the goods or services you have ordered within thirty (30) days after we receive your offer (or by any alternative date we have agreed with you), we shall endeavour to inform you accordingly and you shall have the option of either:-

  • accepting a later delivery date which we propose to you; or
  • cancelling your contract with us (or, as appropriate, cancelling your offer) and accepting a refund of any prepayments which you have made.

If we are unable to contact you (or are otherwise unable to ascertain your preference in relation to the above two options) within seven (7) days after the expected delivery date our contract with you shall be treated as cancelled in full.

Failure to accept goods

If delivery of goods ordered by you is not accepted within two weeks of our first attempt to deliver the goods to any specified address, we reserve the right to charge you for any consequential storage costs reasonably incurred by us.

Payment

Payment methods

Payment for goods or services ordered is processed using the services of Secure Trading Limited. Payment may be made by any of the methods below and will be debited when we accept your offer, or when we deliver the goods or perform the services ordered by you, whichever is earlier:-

  • VISA
  • Mastercard
  • Delta
  • Solo
  • Electron

We will tell you if your payment details cannot be authorised for any reason and may invite you to pay by another method.

Price

All prices on this website are quoted in UK pounds Sterling and include VAT where applicable.

Delivery charge

In addition to the price of goods, delivery charges may be payable by you. The delivery charge will be that shown on the order form section of our website at the time you place your order.

Errors

Errors made by us

Please note that colours, sizes, and measurements given on our website are approximate only. Whilst every effort is made to ensure the accuracy of the colour, due to variations in your computer set-up (including screen settings and ambient lighting) variations will occur. Please refer to our colour cards or use paint samples to gain a more accurate colour representation.

While we try to ensure that the descriptions, prices and delivery charges displayed on our website are correct errors may occur. If, prior to delivery to you, we discover an error in relation to goods or services you have ordered, we will inform you as soon as possible and you will then have the option of either:-

  • confirming your offer to purchase subject to the corrected description, price or delivery charge; or
  • cancelling your offer to purchase and receiving a full refund of any prepayments.

If we are unable to contact you (or are otherwise unable to ascertain your preference in relation to the above two options) within seven (7) days after the expected delivery date our contract with you shall be treated as cancelled in full.

Errors made by you

Information that you provide to us by using this website must be accurate and complete. Errors in your offer should be corrected prior to the of our contract. You can correct such error: -

  • Prior to submitting your offer to us: by re-entering the relevant information in our online order form, using the 'BACK' button where required; or
  • After you have submitted your offer to us: by contacting us by post, fax or by email, using the contact details provided at the end of these Website Terms and Conditions , prior to acceptance by us of your offer.

Cancellation

Our right to cancel

The sale and supply of goods and services are always subject to availability of stock, and authorisation of your payment details, so:-

  • In the event that we are reasonably unable to supply the goods or services which you have ordered due to circumstances beyond our control, we will endeavour to inform you of this as soon as possible and our contract with you will, insofar as it relates to goods or services which we are unable to supply, be treated as cancelled. Any prepayment which you have made will be refunded to you in full.
  • In the event that your payment is not authorised, we will endeavour to inform you of this as soon as possible and our contract with you will be treated as cancelled.
  • We may cancel the contract by notice in writing to you if you are in breach of these Website Sale Terms, you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets.
  • Upon cancellation, any money due to us in respect of contract which has been cancelled shall become immediately due and payable and we shall be under no further obligation to supply goods to you, provided that where you have paid for goods in advance of our cancellation of our agreement, we shall, at our discretion, supply those goods to you or cancel the supply of those goods and refund you the price paid for those goods.

 Your right to cancel

You have a right to cancel your order for goods or services at any time before the expiry of the "cooling-off period", which is a period of fourteen (14) working days after the date on which:-

  • if your order was for goods, you receive the goods; or
  • if your order was for services , our contract with you is formed (by us accepting your offer in accordance with the 'order process' explained above.)

 Exceptions to your right to cancel

You do not have a right to cancel your order:-

  • after the end of the cooling-off period (unless the goods or services provided are faulty, defective or not in accordance with specification); or
  • if your order is for services and you have agreed to performance of these services before the cooling-off period has ended; or
  • if your order is for goods which are perishable or, by reason of their nature, cannot be returned; or
  • if your order is for goods which have been specifically made to your specification, are clearly personalised or are otherwise unique (unless the goods or services provided are faulty or not in accordance with specification).

If, at our sole discretion, we allow you to return unwanted goods which conform to contract after the cooling-off period has ended, we reserve the right to charge you a handling fee based on any consequential costs we incur.

How to exercise your right to cancel

If you wish to cancel your order, you must notify us (using the contact details provided below) by delivering the notice to us by hand, by post, by fax or by email. If you have placed more than one current order, please specify clearly which order you wish to cancel.

Return of goods where your order is cancelled

If you wish to exercise your right to cancel after the goods you have ordered have been delivered, you must arrange for return of the goods to us at your own cost within fourteen (14) working days from the date we receive notice of cancellation from you.

If you fail to return the goods to us within this time, you must, at our request, make the goods available for collection and we reserve the right to charge you the direct cost to us of recovering the goods.

Duty to take care of goods

You are under a duty to take reasonable care of goods to be returned following cancellation by you. You will be liable for any loss or damage to the goods if you fail in this duty. Without limitation, this duty requires you to ensure that:-

  • prior to being returned to us, the goods are carefully, safely and securely stored;
  • goods being returned are packaged in a manner which is adequate for transit, taking into account the nature of the goods being returned and the distance which they are required to travel (please use the original protective packaging if still available: we will not provide additional packaging or boxes); and
  • (unless we decide to exercise our right to recover the goods from you), the goods are correctly addressed, bear adequate postage and are transported using a reputable carrier so as to ensure that the goods are not lost or damaged in transit.

Refunds

If your order is cancelled, we will refund to you any monies paid, using the same method of original payment by you, within fourteen (14) days of us receiving the goods back or you providing satisfactory evidence of having returned the goods to us (whichever is sooner). Where you cancel the entire order, we will also refund the standard delivery charges paid (if any) or an amount equal to those charges if you elect to use a more expensive delivery method.

We reserve the right to deduct from the monies being refunded the direct cost to us of recovering the goods if you fail to return them to us within seven (7) working days from the date we receive notice of cancellation from you. We reserve the right to require proof of identity.

We remind you that your consumer rights are not affected.

Defective goods

Rejecting defective goods

If you wish to reject goods we have provided because you believe them to be faulty, not in accordance with specification, or damaged on delivery, you must inform us within a reasonable period of time and you must make the rejected goods available for collection by our courier at our request.

Where we have provided goods which were faulty, not in accordance with specification, or damaged on delivery, we are usually able to offer a repair (where reasonably possible), replacement or a refund.

If you reject goods which are in every respect what you ordered (being in accordance with specification, and not damaged on delivery) and you are not otherwise entitled to cancel your contract with us, we reserve the right to charge you the direct cost to us of collecting, testing, redelivering and storing the rejected goods.

Duty to take care of goods

You are under a duty to take reasonable care of goods you are rejecting, irrespective of whether they are faulty, not in accordance with specification, or were damaged on delivery. You will be liable for any loss of damage to the goods if you fail in this duty. Without limitation, this duty requires you to ensure that:-

  • prior to being returned to us, the goods are carefully, safely and securely stored;
  • at the time they are made available for collection, the goods are packaged in a manner which is adequate for transit, taking into account the nature of the goods being returned and the distance which they are required to travel (please use the original protective packaging if still available: we will not provide additional packaging or boxes).

Liability

WARNING

 This section contains provisions which restrict the extent to which we are liable to you for any loss you may suffer in connection with use of our website and goods and services ordered via this website.

By using this website to place an order for goods or services, you also agree that you will be liable for any loss we (or certain people connected with us) suffer as a result of breach of these terms of use by you or by certain people connected with you.

Nothing in these terms operates to limit or exclude liability that cannot by law be limited or excluded.  If you are a  consumer for the purposes of the law applicable to you, with the consequence that certain guarantees and certain rights and remedies are conferred on you which cannot be excluded, restricted or modified, then to the maximum extent permitted by law (which if you are a consumer may be more favourable to you than the limitations set out below), our liability to you is limited at our option to: (a) in the case of goods: (i) replacement of the goods or the supply of equivalent goods; (ii) repair of the goods; (iii) payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; and (b) in the case of services: (i) resupply of the services; or (ii) payment of the cost of resupplying the services.

If you are acting as a consumer, you may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations. Nothing in these Website Terms and Conditions is intended to limit your legal rights as a consumer. For further information about your legal rights you can contact your local authority Trading Standards Department.

Your and our liability

Nothing in these Website Terms and Conditions is intended to exclude liability (if any) for personal injury or death resulting from our negligence, for fraud or for any matter which it would be illegal to exclude or to attempt to exclude.

You and we shall only be liable to each other under these Website Terms and Conditions for losses which are a reasonably foreseeable consequence of the relevant breach of contract. Neither you nor we shall be liable to each other under these Website Terms and Conditions for any other loss or damage, subject to the paragraph above.

Circumstances beyond our control

We shall be under no liability for any delay or failure to deliver goods or otherwise perform any obligation as specified in these Website Terms and Conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.

No implied warranties

All warranties relating to goods or services ordered via our website which are not expressly stated in these Website Terms and Conditions are hereby excluded to the fullest extent permitted by law.

Business customers

Where our goods or services are purchased for use in the course of a business:-

  • we do not accept liability for the fitness of goods for business purposes and we exclude (to the fullest extent permitted by law) those warranties and other implied terms relating to fitness for a particular purpose; and
  • our total liability to you, in respect of any claim by you arising out of or in connection with the provision of (or the failure to provide) goods or services, shall be limited to the sum paid by you to us for the goods or services which are the subject of the claim, save to the extent to which this provision would exclude or limit our liability for death or personal injury caused by an act or omission of ours.

 Liability passed from us (and others) to you

You agree that you shall be liable for any foreseeable and reasonable costs incurred by us in respect of any and all demands, liabilities, losses, costs and claims (including reasonable legal fees incurred in defending any action or otherwise) sustained or incurred by us, our agents, suppliers, customers, officers, or employees, and arising as a result of breach by you of these Website Terms and Conditions.

General

Headings

The headings are for convenience only and shall not affect the construction or interpretation of these Website Terms and Conditions.

Interpretation

In these Website Terms and Conditions, unless the context otherwise requires:-

  • the singular shall include the plural and vice versa;
  • references to persons shall include bodies corporate, unincorporated associations and partnerships; and
  • words importing the whole shall be treated as including a reference to any part thereof.

 Waiver

Any waiver by either you or us of a breach of any provision of these Website Terms and Conditions shall not be considered as a waiver of any subsequent breach of the same or any other provision of these Website Terms and Conditions.

Our relationship with you

You and we are, with respect to one another, independent parties. Nothing in these Website Terms and Conditions is intended to nor shall create any partnership, joint venture or agency.

Transfer of rights / obligations

We shall be entitled to transfer, sub-licence and/or assign any of our rights and/or obligations under these Website Terms and Conditions. This will not affect your rights under these Website Terms and Conditions.

You may not transfer, sub-licence or assign any of your rights or obligations under these Website Terms and Conditions without our written consent.

Severability

Every provision of these Website Terms and Conditions shall be construed separately, applying and surviving even if for any reason any of these provisions is held inapplicable or unenforceable in any circumstances.

Governing Law/Jurisdiction

If a dispute arises regarding these terms of use, the laws of England and Wales, will apply. In relation to any such dispute, you agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.

If you access this website in a jurisdiction other than England and Wales, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.

If the information on this website is translated into or presented in languages other than English, the English version of that information will be authoritative in relation to any disputes regarding its interpretation.

Contacting us

Queries, comments and complaints

If there is anything in these terms and conditions which you do not understand or you have any other queries, comments or have a complaint, please contact us. Our contact details are as follows:-

Postal/ business address:
Unit 8, Halbeath Industrial Estate, Dunfermline, Fife KY11 7EG

Email address: enquiries@craigandrose.com

Telephone number: +44 (0) 138740011

Fax Number  +44 (0) 1383 740 010

About us

We, Craig & Rose Limited, are a company incorporated in England with registered number 09968464 and having our registered office at 20-22 Bedford Row, London, UK WC1R 4JS, UK.

Our VAT number is 243830515.

Cancellation Form

To: Craig & Rose Limited,

Email address: enquiries@craigandrose.com

I/we hereby give notice that I/we cancel my/our contract of sale of the following goods/for the supply of the following

service:

Ordered on/received on:...........................................

Name of consumer(s):..............................................

Address of consumer(s):...........................................

Signature of consumer(s) (only if this form is notified on paper):

..................................................................

Date:.............................................................

We recommend that you print out a copy of these terms and conditions for your future reference.