Terms & Conditions

 

This page (together with the documents expressly referred to on it or our Privacy Policy)tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.  Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it

Please click on the button marked “Select this box to agree to our Terms & Conditions” below these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.

You should print a copy of these Terms for future reference. For security reasons your order is not available to view via the internet. We keep the data in confidence according to our privacy policy.

We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.  These Terms were most recently updated on 10 January 2013.

These Terms, and any Contract between us, are only in the English language.

1.            INFORMATION ABOUT US

1.1          We operate the website www.rugmerchant.co.uk. We are Rug Merchant Online Limited a company registered in England and Wales under company number 08065314 and with our registered office at Unit 5, Pinfold Industrial Estate, Buckley, Flintshire, CH7 3PL. 

1.2          To contact us, please see our Contact Us page https://www.rugmerchant.co.uk/contact-us/ .

2.            OUR PRODUCTS

2.1          The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

2.2          Although we have made every effort to be as accurate as possible,  all sizes, weights, capacities, dimensions and measurements indicated on our site have a 3% tolerance.

2.3          All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.

3.            USE OF OUR SITE

Your use of our site is governed by our Website Acceptable Use Policy. Please take the time to read this, as it includes important terms which applies to you.

4.            HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance our Privacy Policy . Please take the time to read these, as they include important terms which apply to you.

5.            IF YOU ARE A CONSUMER

This clause 5 only applies if you are a consumer.

5.1          As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

6.            IF YOU ARE A BUSINESS CUSTOMER

This clause 6 only applies if you are a business.

6.1          If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.

6.2          These Terms and our Privacy Policy, and Website Acceptable Use Policy constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or  our Privacy Policy, and Website Acceptable Use Policy.

7.            HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

7.1          For the steps you need to take to place on order on our site, please see our “Ordering With Us” page.

7.2          Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

7.3          After you place an order, you will receive an e-mail from us acknowledging that we have received your order (Order Acknowledgement).  However, please note that the Order Acknowledgement does not mean that your order has been accepted.  Our acceptance of your order will take place as described in clause 7.4.

7.4          We will confirm our acceptance to you by sending you an e-mail that confirms that the Products are available and will be dispatched in accordance with clause 10 of these terms and conditions (Order Confirmation).  The Contract between us will only be formed when we send you the Order Confirmation. 

7.5          If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 11.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

8.            OUR RIGHT TO VARY THESE TERMS

8.1          We may revise these Terms from time to time including but not limited in the following circumstances:  

(a)          changes in how we accept payment from you;   or

(b)          changes in relevant laws and regulatory requirements

8.2          Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

8.3          Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

9.            YOUR CONSUMER RIGHT OF RETURN AND REFUND

This clause 9 only applies if you are a consumer.

9.1          If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations may be available from your local Citizens' Advice Bureau or Trading Standards office.

9.2          However, this cancellation right does not apply in the case of:

(a)          any made-to-measure or custom-made products;

9.3          Your legal right to cancel a Contract starts from the date of the Order Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.

9.4          To cancel a Contract, you must contact us in writing by sending an e-mail to sales@rugmerchant.co.uk or please contact our Customer Services telephone line on 01244 639114. Please note if you cancel by telephone we will still require confirmation with seven days of any such telephone call in writing. If we do not recieve notice in writing we will not be able to action your request. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.

9.5          You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.4. We refund you on the credit /debit card or paypal/bacs account used by you to pay.

9.6          If the Products were delivered to you:

(a)          you must return the Products to the address we notify to you as soon as reasonably practicable;

(b)          Products must be returned in their original packaging and must be fully re-saleable;

(c)           unless the Products are faulty , you will be responsible for the cost of returning the Products to us.  You will need to arrange for a courier to return the Products;

(d)          you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

9.7          As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights may be available from your local Citizens' Advice Bureau or Trading Standards office.

10.          DELIVERY

10.1        Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. Please note special orders e.g. made to measure products will take longer.

10.2        Delivery will be completed when we deliver the Products to the address you gave us.

10.3        If no one is available at your address to take delivery, the courier may leave you a note that the Products have been returned to the depot.  You will have to liaise with any such courier for further details of rearranging delivery.  The Products will be your responsibility from the completion of delivery.

10.4        You own the Products once we have received payment in full, including all applicable delivery charges.

 NO INTERNATIONAL DELIVERY

10.5        Unfortunately, we do not deliver to addresses outside the UK.  Please see clause 11 below for further information of where we deliver to.

10.6        You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.

11.          PRICE OF PRODUCTS AND DELIVERY CHARGES

11.1        The prices of the Products will be as quoted on our site from time to time. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 11.5 for what happens in this event.

11.2        Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Order Confirmation.

11.3        The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

11.4        Please note the price of our Products does usually  include delivery charges. However, charges are applicable for delivery of Products to some geographical locations (including but not limited to: Isle of Man; Northern Ireland; Republic of Ireland; Isle of Wight; Jersey & Guernsey; Scottish Islands and other UK Offshore locations).  Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Charges page https://www.rugmerchant.co.uk/delivery/

11.5        Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

(a)          If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and

(b)          if the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

12.          HOW TO PAY

12.1        You can only pay for Products using a debit card, credit card, paypal, BACS transfer or via Sagepay. We accept the following cards:

•             Masetro;

•             Visa;

•             Mastercard; and

•             Visa Debit.

12.2        Payment for the Products and all applicable delivery charges is in advance. 

13.          MANUFACTURER GUARANTEES

13.1        Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.

13.2        If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty. Advice about your legal rights may be available from your local Citizens' Advice Bureau or Trading Standards office.

14.          OUR LIABILITY IF YOU ARE A BUSINESS

This clause 14 only applies if you are a business customer.

14.1        We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.

14.2        Nothing in these Terms limits or excludes our liability for:

(a)          death or personal injury caused by our negligence;

(b)          fraud or fraudulent misrepresentation;

(c)           breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

(d)          defective products under the Consumer Protection Act 1987.

14.3        Subject to clause 14.2, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a)          any loss of profits, sales, business, or revenue;

(b)          loss or corruption of data, information or software;

(c)           loss of business opportunity;

(d)          loss of anticipated savings;

(e)          loss of goodwill; or

(f)           any indirect or consequential loss.

14.4        Subject to clause 14.2 and clause 14.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed  the price of the Products you have purchased  in the relevant order only.

14.5        Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

15.          OUR LIABILITY IF YOU ARE A CONSUMER

This clause 15 only applies if you are a consumer.

15.1        We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15.2        We do not in any way exclude or limit our liability for:

(a)          death or personal injury caused by our negligence;

(b)          fraud or fraudulent misrepresentation;

(c)           any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d)          any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e)          defective products under the Consumer Protection Act 1987.

15.3        Subject to clause 15.1  and clause 15.2  our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed  the price of the Products you have purchased  in the relevant order only.

 

16.          EVENTS OUTSIDE OUR CONTROL

16.1        We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2. 

16.2        An Event Outside Our Control means any act or event beyond our reasonable control[, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

16.3        If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a)          we will contact you as soon as reasonably possible to notify you; and

(b)          our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

17.          COMMUNICATIONS BETWEEN US

17.1        When we refer, in these Terms, to "in writing", this will include e-mail.

17.2        If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to Rug Merchant Online Limited at Unit 5, Pinfold Industrial Estate, Buckley, Flintshire, CH7 3PL or by email to sales@rugmerchant.co.uk You can always contact us using our Customer Services telephone line on 01244 639114.

17.2        If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

18.          OTHER IMPORTANT TERMS

18.1        We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

18.2        You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. 

18.3        This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

18.4        Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

18.5        If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

18.6        If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England will have non-exclusive jurisdiction.

18.7        If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England.

19. PLEASE NOTE INFORMATION RELATING TO PROMOTIONS

19.1        All promotions (including discounts) are subject to availability.

19.2        We reserve the right to suspend, restrict, review or withdraw promotions and/or discounts without notice.

19.3        Please note: discount items have limited availability and are very popular.