TERMS AND CONDITIONS
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Rose & Dragon trading as Rose & Dragon of The Business Centre, Cardiff House, Cardiff Rd, Barry CF63 2AW with email address email@example.com; (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
8. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
10. Website means our website www.roseanddragon.com on which the Goods are advertised.
11. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Goods which appear on the Website are subject to availability.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal information and Registration
15. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
17. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and by registering to use the Website you expressly agree to this.
Basis of Sale
18. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay. Prices, product descriptions and specifications are checked to the best of our ability, and whilst every effort has been made to make them accurate, no responsibility will be accepted for errors and omissions.
19. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
20. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us delivering to you the Order Confirmation by means of an email. You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
21. We reserve the right to alter our prices and specifications without notice.
22. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
23. You must ensure that the details provided by you on registration or at any time are correct and complete.
24. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
25. We may: (i) suspend your account; (ii) cancel your account; and/or (iii) edit your account details, at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these Terms & Conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.
26. You may cancel your registration at any time by logging into your online account. Cancellation or suspension of your registration does not affect any statutory rights.
Price and Payment
27. To be eligible to purchase any Goods, you are required to become a subscriber to our website services, in connection therewith you agree to pay the applicable subscription fees. You acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive monthly periods, at the original subscription rate. Your credit card will be charged on the 1st of every calendar month.
28. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
29. Prices and charges include VAT at the rate applicable at the time of the Order.
30. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
31. Any cancellations need to be made at least 14 days prior to the last day of the month to prevent the charge for the following month. To cancel your subscription at any time, you must logon to your account or email us at firstname.lastname@example.org at least 14 days prior to the applicable renewal date and we will do it for you.
32. The above cancellation rights do not affect your right to cancel under the statutory cooling-off period.
33. We will arrange for a third party to deliver the Goods to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
34. In any event, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a) we have refused to deliver the Goods; or
b) after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
35. If you treat the Contract at an end in accordance with clause 34, we will (in addition to other remedies) promptly return all payments made under the Contract for any Goods that we have not delivered to you pursuant to the Order.
36. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
37. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
38. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
39. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
40. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
41. Your order will be fulfilled by the delivery date set out in the confirmatory email or, if no delivery date is specified, then within a reasonable time of the date of the order. You recognise, though, that occasionally because of problems sourcing stock from our suppliers or for other reasons beyond our control it is possible that orders may be delivered more than 30 days after the order.
Risk and Title
42. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
43. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal, returns and cancellation
44. If you live in the European Union, and subject to clause 45, you have a statutory right to a “cooling-off” period during which time you may cancel or change your order at any time. This period begins once your order is placed and ends 14 days after receipt of the Goods. You will need to inform us of your cancellation by email within this period and arrange a return. You may be liable for the cost of returning the Goods to us.
45. Notwithstanding clause 44, you will not have any right to cancel your order and receive a full refund for any Goods which have been personalised. Furthermore, you may only cancel your order for Goods provided that all packaging remains unopened.
46. If you receive Goods which you claim are incorrect or defective, including Goods that have been personalised or are perishable, then you should contact us by email. Your statutory rights are not affected.
47. If Goods are damaged in transit, you should sign the delivery note, where possible, to the effect that the goods have been damaged and contact us by email within 15 days of receipt of the Goods to report such damage and arrange a return.
48. Once we receive your request to arrange a return, we will provide you with a number that you should enclose with the Goods and return the Goods to us. You will be responsible for the costs of returning the Goods to and for ensuring the safe delivery of the Goods to us. We recommend that Goods are insured during transit to their full value.
49. If you have returned Goods on the basis of clause 44, once we have received and processed the returned Goods, you will receive a full refund of the original purchase price paid for the Goods excluding return delivery charges paid.
50. If you have returned Goods on the basis of clauses 46 or 47, we will examine the returned Goods on receipt. If we find that the Goods returned by you are not incorrect, defective or damaged in transit we will notify you in writing within a reasonable period of time and offer to redeliver the Goods to you. If you accept re-delivery, you will be liable for the cost of redelivering the Goods. If the Goods returned by you are found to be incorrect, defective or damaged in transit, you will be given two options:
a) to have the Goods replaced at no additional charge (subject to availability); or
b) to receive a full refund of the original purchase price along with all delivery charges paid.
51. Whilst Goods are in your possession you are expected to take all reasonable care to maintain them in their original condition.
52. We will usually refund any money received from you using the same method originally used by you to pay for your purchase but we reserve the right to refund you by any other reasonable means.
53. Should you have any queries in relation to returning any Goods purchased from us, you can contact us by email.
54. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
55. Upon delivery, the Goods will:
a) of satisfactory quality;
b) reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c) conform to their description.
56. It is not a failure to conform if the failure has its origin in your materials.
Successors and our sub-contractors
57. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
58. In the event of any failure by a party because of something beyond its reasonable control:
a) the party will advise the other party as soon as reasonably practicable; and
b) the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
59. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations.
60. Subject to clause 59, the Supplier is not liable for (i) any loss which was not reasonably foreseeable to both parties at the time when the Contract was made, (ii) any losses arising out of any event or events beyond our reasonable control, (iii) any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill, (iv) any loss or corruption of any data, database or software, or (v) any special, indirect or consequential loss or damage.
61. The Supplier’s aggregate liability in respect of the Contract under these Terms & Conditions shall not exceed the total amount paid and payable to the Supplier under the Contract.
62. Our products are manufactured in the same environment where allergens may be present and therefore we cannot guarantee that they are free from traces of allergens. We ask our suppliers for allergen information and any specific allergen presence will be indicated on the product packaging. We do not make any warranties as to the accuracy of this information and we do not assume any liabilities.
Governing law, jurisdiction and complaints
63. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
64. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
65. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 working days.