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Please take the time to read the terms and conditions below.
All transactions on www.rosesmill.com are subject to these terms and conditions.
1. Our Contract
1.1 This contract relates to the agreed terms on which you are buying goods from us advertised on the website.
1.2 We must receive card authorisation of the whole of the price for the goods that you order before your order can be accepted. By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but this is only an indication that your order is being processed, not that it has been accepted. Acceptance of your offer to buy the goods will not take place until after your card has been authorised. The supply of goods to you shall indicate that we have acce
pted your order and payment will be made on the despatch of goods. Our acceptance of your order brings into existence a legally binding contract between us.
2. Price and description of the goods
2.1 The description and prices payable for goods that you order are as set out in our website at the time you place your order.
2.2 In addition to the price you may be required to pay a delivery charge for the goods.
2.3 All drawings, images, descriptive matter, specifications, datasheets and advertising issued by us or contained in our Website or any of our publications are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the contract.
2.4 Every care has been taken to ensure that descriptions and specifications in the Website are correct but we reserve the right to amend such details without notice. Products are subject to design changes from time to time
2.5 Whilst every effort is made to ensure the prices shown on our website are accurate at the time you place your order, we shall not be bound by any clerical or arithmetical errors published on the Website whatsoever and reserve the right to cancel the contract at our discretion as per the terms in Clause 4 below.
2.6 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available we shall inform you as soon as possible and cancel the contract and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
3. Your right to cancel your contract
3.1 You may cancel your contract with us for the goods you order at any time up to the end of the 15th working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
3.2 To cancel your contract you must notify us by email at the address given on the order.
3.3 If you have received the goods before you cancel your contract or we have already processed the goods for delivery when you cancel your contract then you must not unpack the goods when they are received by you and you must send the goods back to us at our UK address at your own cost and risk using a recorded-delivery service.
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 costs of recovering the goods from the amount to be re-credited to you.
4. Cancellation by us
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.1 We reserve the right to cancel the contract at our discretion if:
4.1.1 We have insufficient stock to deliver the goods you have ordered;
4.1.2 The delivery address is in an area t
o which we do not deliver
4.1.3 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 suppliers
4.2 If we cancel the Contract we will notify you by e-mail and will re-credit any sum paid as soon as possible but in any event within 30 days of the order. We will not be obliged to offer any additional compensation for disappointment suffered
5. Delivery of goods to you
5.1 We will deliver the goods ordered by you to the address you give us for delivery (subject to Clause 4.1.2 above) at the time you make your order.
5.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order provided all stock items are available. Please see the website for details of the available shipping options and estimated delivery times.
5.3 If delivery cannot be made to your address (or is subject to a delay) for reasons under our control we shall inform you as soon as possible.
5.4 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
5.5 We shall 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 circumstance 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.
5.6 Furthermore we shall have no liability to you beyond that set out in Clause 6 below for any delays caused by our suppliers / distributors which by their nature will be beyond our reasonable control. In the event of such a delay we shall inform you as soon as possible.
5.7 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
6. Liability
6.1 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 10 working days of the delivery of the goods in question.
6.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, 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 on which you ordered the goods and we cannot produce as evidence of delivery a signed Proof Of Delivery (POD).
6.3 If you notify a problem to us under this condition, our only obligation will be, at your option:
6.3.1 to make good any shortage or non-delivery;
6.3.2 to replace or repair any goods that are damaged or defective; or
6.3.3 to refund to you the amount paid by you for the goods in question in whatever way we choose. Both 6.3.2 and 6.3.3 are subject to us arranging collection and inspecting the goods and that the Goods are proved defective to our entire satisfaction (and our opinion shall be conclusive).
6.4 Except where we are not permitted by law, we will not be liable to you for any indirect or 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 under clause
6.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer 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.
7. Privacy
7.1 You acknowledge and agree to be bound by the terms of our privacy policy and user agreement.
8. Third party rights
8.1 Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK 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. 10. Entire agreement
9.
These terms and conditions,
together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. 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 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.
Address . Roses Mill, 14 Stoneygate Road, Newmilns, Ayrshire UK, KA16 9AL
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