Terms and Conditions
Welcome to the ROGER OATES DESIGN ONLINE STORE website terms and conditions for use. These Terms and Conditions apply to the use of the website at www.rogeroates.com/shop. By accessing the website www.rogeroates.com/shop and/or placing an order, you agree to be bound by these terms and conditions.
Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us.
If you do not accept these terms, do not use this website.
This website is owned by Roger Oates Design Co Ltd , a company registered in England and Wales (company number 3527610), whose registered office is at The Long Barn, Eastnor, Ledbury, Herefordshire, HR8 1EL. Our VAT registration number is 713486631.
- Roger Oates Design Co Ltd also operates two showrooms where goods available on their main website www.rogeroates.com can be ordered in writing, by telephone or in person. The terms and conditions relating to those sales are available at www.rogeroates.com/terms
- These terms of sale apply to all goods and services supplied by Roger Oates Design Co Ltd via http://www.rogeroates.com/shop. This website is governed by the following terms and conditions; they do not affect your statutory rights.
- We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
- If you have any concerns about material on our site, please contact us by email at firstname.lastname@example.org
2. Order Process
- You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered
- Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made, unless we have notified you that we do not accept your order or you have cancelled your order:
- We may refuse to accept an order:
- Where goods, services or information ordered by you are not available;
- Where we cannot obtain authorisation for your payment;
- If there has been a pricing or product description error; or
- If you do not meet any eligibility criteria set out in our terms and conditions.
- If we do not deliver to your area;
- Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment.
- We cannot guarantee that colours in the website are fully equivalent to the item’s actual colour. This depends partly on the colour settings of your computer and monitor.
- All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
- Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
- Our prices are reviewed regularly and may change without prior notice at any time.
- All prices and charges on the Website are shown in UK pounds sterling.
4. Delivery and Delivery Liability
- We will despatch goods ordered by you as soon as possible to the address you give us for delivery, but in any event within 14 days of your order unless otherwise stated in the product description
- 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 14 working days of the delivery of the goods in question.
- If you do not receive goods ordered by you within 14 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 10 days of our maximum delivery period of 14 days from the date on which you ordered the goods.
- If you notify a problem to us under this condition, our only obligation will be, at your option:
- To make good any shortage or non-delivery;
- To replace or repair any goods that are damaged or defective; or
- To refund to you the amount paid by you for the goods in question in whatever way we choose.
- Save as precluded 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 6.3(c) above.
- Goods dispatched to other countries outside of the EU may be liable to Import Duty, Tax or VAT. When ordering from us you are agree to pay any such Duties which may be imposed by your country's government.
- If you refuse to pay any Import Duty / Tax / VAT imposed and thereby prevent delivery of your order you will remain liable for the purchase price of the product/s and any Import Duty / Tax / VAT or penalty imposed by your government
- You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
- Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights, nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
- Fabric orders under 5 metres in length may be folded.
5. Cancellation of Contracts For Goods And Returns Policy - For Consumers Only
This section applies to consumers only (and not to businesses or other organisations) who order goods.
If you wish to cancel your order:
- You can notify us by email to email@example.com or contact us on 01531 632718 before we have dispatched the goods to you; or
- Where goods have already been dispatched to you, by returning goods to us in accordance with in the original packing within 14 days of delivery
- However, this cancellation right does not apply in the case of:
- any made-to-measure or custom-made products or products made to your specification or clearly personalised;
- If the products were delivered to you:
- You can return goods you have ordered from us for any reason at any time within 14 days of receipt for a full refund or exchange providing the goods are received by us in an unused, undamaged and saleable condition.
- Please return the goods in the original packaging.
- The costs of returning goods to us shall be borne by you.
- Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required, less (if for any reason these costs have not been paid by you) the costs of delivery to us.
- We refund you on the credit card or debit card used by you to pay. We cannot be responsible for any interest or bank charges incurred while waiting for refunds to your card. Refunds will normally be processed within 7 days of receipt of returned goods.
The rights to return the goods to us as referred to in the clause above will not apply in the following circumstances:
- in the event that the product has been used or damaged
- to any products that we have made or customised specifically for you, unless it is proven that there is a fault with the product.
- the provisions of this clause do not affect your statutory rights.
Roger Oates Design Co Ltd regularly sends out a newsletter and/or other informational emails (collectively referred to as "Newsletters") to all Users. In these Newsletters, we may inform you about new services, features or products. You may choose to unsubscribe from the Newsletter at any time by following the unsubscribe link contained in each of the emails or by writing to us at firstname.lastname@example.org.
7. License and Copyright
The Company web site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire content of the web site is copyrighted as a collective work under UK and International copyright laws. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or these Terms, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of Company and the copyright owner. Elements of the web site are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
You are permitted to print and download extracts from this website for your own private use on the following basis:
- no documents or related graphics on this website are modified in any way;
- no graphics on this website are used separately from accompanying text; and
- any of our copyright and trade mark notices and this permission notice appear in all copies.
- To register with rogeroates.com/shop you must be over 18 years of age.
- Each registration is for a single user only, whether or not acting on behalf of a company or other organisation. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
- Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
- Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of their account or any other breach of security. The Company will not be liable for any loss that may incur as a result of someone else using your password or account, either with or without your knowledge.
- You could be held liable for losses incurred by the Company or another party due to someone else using your account or password
- We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
9. Links To and from Other Websites
- Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
- You may not create any links to this Website without prior permission from Roger Oates Design.
- You shall fully indemnify us for any loss or damage we, or any of our group companies may suffer or incur as a result of your breach of the clause above
- While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
- The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
- Whilst we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
- Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
- We may modify, suspend, discontinue or restrict the use of any portion of the Company web site, including the availability of any portion of the content at any time, without notice or liability.
- We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
- Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
- If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
- You agree, on behalf of yourself and your business entity or organisation, jointly and severally to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
12. Governing Law and Jurisdiction
- These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you, save where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.
- We do not warrant that materials, services or information for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. You agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favourably, when possible, to the benefit of the Company.
- Section Titles: The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
- Incident Reporting: Any complaints regarding violations of these Terms by a User should be directed to us at email@example.com. Where possible, include details that would assist the Company in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).
- Complaints Procedure: We are very proud of our high standards of customer service however, in the event that we fail in meeting these standards, please do not hesitate to contact us at The Long Barn, Eastnor, Ledbury, Herefordshire, HR8 1EL.
14. Online Acceptance
- You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
- If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
- No person other than the parties to these terms and conditions are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999.
- These Terms represent the entire understanding between the user and the Company and supersedes any prior statements or representations. THE USER AGREES TO THE TERMS OF THIS ONLINE AGREEMENT, by using the web site, it’s services, sign up, posting, downloading and uploading content, and understands that it is entering into a binding and legal agreement with Company.
- You agree to file any claim regarding any aspect of this web site or these Terms within six (6) months of the time in which the events giving rise to such alleged claim began, or you agree to waive such claim. You also agree that no claim subject to these Terms may be brought as a class action or in any other jurisdiction than English courts.
- These Terms and Conditions were last updated, and became effective, on 01/08/2013.
Our contact details are as follows:
Roger Oates Design Co Ltd, The Long Barn, Eastnor, Ledbury, Herefordshire, HR8 1EL. Tel: 01531 632718