Please read the following important terms and conditions before you buy anything on our website and check that they contain everything which you want and nothing that you are not willing to agree to. This is because these terms form part of our contract with you and we want you to be completely happy with them before you proceed with any purchase.
ROOBBA is a trading name of ROOBBA WORLDWIDE LTD, company number 11791144
This contract sets out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
In this contract:
- ‘We’, ‘us’ or ‘our’ means ROOBBA WORLDWIDE LTD trading as ROOBBA; and
- ‘You’ or ‘your’ means the person using our site to buy products from us.
If you don’t understand any of this contract and want to talk to us about it, please contact us by using Our Contact Details (which are outlined below)
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply our products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 When buying any products, you also agree to be legally bound by all of the below documents which form part of this contract as though set out in full here:
1.3.1 our website terms and conditions and any documents referred to in them;
1.3.2 extra terms which may add to, or replace some of, this contract. We will contact you to let you know if we intend to do this by giving you one month’s notice. You can end this contract at any time by giving one month’s notice if we tell you extra terms apply; and
1.3.3 specific terms which apply to certain products. If you want to see these specific terms, please visit the relevant webpage for the products at any time during the online checkout process.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. ROOBBA is a trading name of ROOBBA WORLDWIDE LTD a company registered in England and Wales. Our company registration number is 11791144 and our registered office is at 3rd Floor, Queens House, 180 Tottenham Court Road, London, England, W1T 7PD.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0333 939 8171 or by writing to us at email@example.com (‘Our Contact Details’).
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. PLACING AN ORDER AND OUR CONTRACT WITH YOU
3.1 How to place an order. You can place an order on our website by:
3.1.1 visiting our website – roobba.com;
3.1.2 browsing our website through the various avenues and applying the filters which are available (for e.g. ‘Shop by Room’, ‘Shop by Product’ and ‘Shop by “Which Roo are you”’);
3.1.3 viewing your desired items and considering their price and full description which can be found on the dedicated product pages;
3.1.4 choosing your items and placing it in your ‘basket’ for purchasing where you can review your chosen items and make changes as you require;
3.1.5 once you have finalised your purchase choices, you can ‘Proceed to Check Out’ at which point you will be asked to open an account or sign in as an existing customer;
3.1.6 you will then be promoted to check that your chosen item will fit in the location where you want it to be placed which we call ‘Will it fit’;
3.1.7 you will be given the opportunity to enter any promotional codes which you may have received. For the avoidance of doubt, it is your responsibility to ensure that your promotional code is still in date and can be used. Promotional codes are transferable but only one promotional code can be applied per order;
3.1.8 you will then be directed through the checkout process where you will have to input your credit or debit card details for payment and confirmation of your purchase; and
3.1.9 once your order has been accepted by us you can use your order number to track your delivery.
3.2 Check it properly. Our ordering process as outlined above provides you with many opportunities to make sure that you are happy with what you are buying and if not, you can make changes before completing your order. You must take the time to read all details, specifications, delivery options, product descriptions, pricing and any other important information as carefully as possible.
3.3 You have an obligation to pay once ordered. By placing an order on our website, you are acknowledging that you will be under an obligation to pay for the products specified in your order in the event that we accept your order as outlined below.
3.4 How we will accept your order. Once you place an order on our website and your valid payment details are provided, we will receive notification of the same. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us and take steps to prepare and dispatch your order to you.
3.5 Availability. All orders which are placed are subject to availability of either those specific products being in stock and/or the availability of the materials to make those products. We will inform you as soon as possible after receiving your order if, for any reason, the Products you have ordered are not available or are subject to any delay.
3.6 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the products. This might be because:
3.6.1 the products are out of stock;
3.6.2 we cannot authorise your payment;
3.6.3 you are not allowed to buy the products from us;
3.6.4 we are not allowed to sell the products to you;
3.6.5 you have ordered too many products;
3.6.6 unexpected limits on our resources which we could not reasonably plan for;
3.6.7 any credit reference we have obtained for you does not meet our minimum requirements;
3.6.8 we have identified an error in the price or description of the products; or
3.6.9 we are unable to meet an estimated delivery date or a date you have specified.
3.7 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.8 What happens next? We will keep you regularly updated as to the progress of your order by way of e-mail. You will be notified of the estimated delivery date. Once the products are ready to be delivered to you, we will notify you when they are dispatched and provide you with an estimated delivery time slot.
3.9 We sell to England, Scotland and Wales only. Our website is for the promotion of our products which we sell to England, Scotland and Wales only. We do not accept orders and do not deliver to addresses outside England, Scotland and Wales.
4. OUR PRODUCTS
4.1 Your legal rights under the Consumer Rights Act 2015. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the products:
4.1.2 are of satisfactory quality;
4.1.2 are fit for purpose; and
4.1.3 match the description, sample or model.
4.2 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours and shapes accurately, we cannot guarantee that a device’s display of the colours and shapes accurately reflects the colours and shapes of the products. Your products may vary slightly from those images. We would suggest that you read the full product description and give our customer services team a call or send an e-mail if you have any questions or queries.
4.3 Products packaging may vary. The packaging of the products may vary from that shown in images on our website.
4.4 Making sure your measurements are accurate. While we try to make sure that all weights, sizes and measurements set out on our website are as accurate as possible, there may be a small tolerance of up to 5% in such weights, sizes and measurements. If we are making the products to measurements which you have given us or that you are relying upon then you are responsible for ensuring that these measurements are correct.
4.5 You must check that it will fit. If you are buying products to fit into a specific location within your home, then it is your responsibility to ensure that it will fit and further, that it be able to pass freely through the entry to all gates, doors, stairs and any passageways leading to the specific location where the products are intended to be kept. It will be your responsibility if a delivery cannot be performed because there is not enough room for the product. In order to assist you, please see our ‘Will It Fit’ guidance on our website. Please note that this is strictly only a general guidance and is not conclusive as to whether the product will fit in your desired room or location. Under no circumstances can we be held liable if following the use of our ‘Will It Fit’ guide the product does not fit in your desired room or location. It is your responsibility to ensure that it will fit by taking your own measurements and making your own plans if necessary)
4.6 Discounted products. Any products which are sold:
4.6.1 At discounted prices; or
4.6.2 As remnants; or
4.6.3 As substandard
will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
5. YOUR RIGHTS TO MAKE CHANGES
5.1 If you wish to make a change to the products you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the products, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 8 – Your rights to end the contract).
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may change the products:
6.1.1 to reflect changes in relevant laws and regulatory requirements which may, for example, have an impact on the type of material used or the construction method; and
6.1.2 to implement minor technical adjustments and improvements, for example to address a security threat.
6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the products on our website, we may make the following changes to the products, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received. Such significant changes may include:
6.2.1 Changes to the colour(s) of the products;
6.2.2 Changes to the size / measurements of the product; and
6.2.3 Changes to the material used to manufacture the product
7. PROVIDING THE PRODUCTS AND DELIVERY
7.1 Delivery timescales are always estimates. Delivery timescales vary with each product in accordance with the timescales shown against each product on our website. Please note that delivery timescales are estimates. Although we will make all reasonable efforts to ensure your products are dispatched and delivered within the estimated timescales, unfortunately we cannot guarantee that they will not be affected by unforeseen issues affecting the relevant manufacturer of the product or our delivery partners. If we are unable to meet the estimated dispatch or delivery date, we will contact you with a revised estimated date which is addressed further below.
7.2 Delivery locations. Please note that we only deliver to certain locations. You will be notified on our website if you require delivery to a location outside of our delivery radius, and if this is not the case then we will not progress with your order and a refund will be made.
7.3 Delivery costs. The cost of delivery will be as displayed to you on our website. We use various third-party service providers in order to deliver our products. If you wish to see your delivery options then please visit our website and our FAQ section..
7.4 When we will provide the products. During the order process we will let you know when we will provide the products to you and the estimated date of dispatch and delivery. We will deliver your chosen products as soon as reasonably possible and based on our estimated dates of delivery. We will notify you at the earliest possible of any changes in the estimated date of delivery.
7.5 We cannot stop a delivery once dispatched. Please note that we are unable to stop a delivery once it has been dispatched. However, you may still have a right to return the goods once you have received them and as specified in these terms and conditions.
7.6 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event.
7.7 If you are not at home when the products are delivered. If no one is available at your chosen address to take delivery, our delivery partner may leave you a note informing you of how to rearrange delivery and/or we or our delivery partner will contact you to re-arrange delivery.
7.8 If you do not re-arrange delivery. If you do not re-arrange delivery following a failed delivery to you then we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 2 will apply.
7.9 When you become responsible for the products. The products will be your responsibility from the time we deliver the products to the address you gave us or otherwise when you take physical possession of the products.
7.10 When you own products. You own the products once we have received payment in full.
7.11 What will happen if you do not give required information to us. We will need certain information from you so that we can supply the products to you, for example, a correct address and contact details for the persons taking delivery. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.12 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.12.1 deal with technical problems or make minor technical changes;
7.12.2 update the products to reflect changes in relevant laws and regulatory requirements;
7.12.3 make changes to the products as requested by you or notified by us to you (see Clause 6).
7.13 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the products, unless the problem is urgent or an emergency. If we have to suspend the delivery of the products for longer than 12 weeks following us notifying you of the suspended supply of the products then you may contact us at the end of that 12 week period to cancel your order and we will refund any sums you have paid in advance for the products.
7.14 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice. As well as suspending the products we can also charge you interest on your overdue payments.
7.15 Warranty. Each individual product will have its own warranty policy which can be seen on our website by visiting the specific page for each product.
8. YOUR RIGHTS TO END THE CONTRACT, CANCELLATION, RETURNS AND REFUNDS
8.1 We hope you will be pleased with everything you have bought from us. However, if you are unhappy with our products, you can return them to us in accordance with the terms set out below.
8.2 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, whether any fault is our responsibility and when you decide to end the contract:
8.2.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the products repaired or replaced or a service re-performed or to get some or all of your money back), see Clause 11
8.2.2 If you want to end the contract because of something we have done or have told you we are going to do, see Clause 3;
8.2.3 If you have just changed your mind about the products, see Clause 4. You may be able to get a refund if you are within the cooling-off period, but the refund may be subject to deductions if we have incurred irrecoverable costs at the time you have changed your mind and you will have to pay the costs of returning any products.
8.2.4 In all other cases (if we are not at fault and there is no right to change your mind), see Clause 7
8.3 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (3.1) to (8.3.5) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
8.3.1 we have told you about an upcoming change to the products or these terms which you do not agree to;
8.3.2 we have told you about an error in the price or description of the products you have ordered and you do not wish to proceed;
8.3.3 there is a risk that supply of the products on the estimated delivery date may be significantly delayed because of events outside our control;
8.3.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 12 weeks from the date of notification; or
8.3.5 you have a legal right to end the contract because of something we have done wrong.
8.4 Exercising your right to change your mind (Consumer Contracts Regulations 2013).
8.4.1 For most products bought online you have a legal right to change your mind (i.e. cancel the order) within 14 days (known as the ‘cooling off period’) of the products being delivered to you (or any other third party which you nominate) and receive a refund. This is subject to certain conditions and your consumer rights are explained in more detail in these terms.
8.4.2 If you have ordered any custom-made or bespoke products then the 14-day period begins from the moment when you place your order with us. We will not proceed with processing your order until this 14-day cooling off period has passed. After these 14 days have passed you will be unable to cancel the contract and order without being charged the full price for your order. You may waive your right to exercise the right to cancel within this 14-day period if you ask us to proceed with processing your order during the cooling off period.
8.4.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. by email or by telephoning us). You can use the model cancellation form set out in the box below, but it is not obligatory.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To ROOBBA – firstname.lastname@example.org
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following products:
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
8.5 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
8.5.1any bespoke or made to measure products;
8.5.2 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
8.5.3 any products which become mixed inseparably with other items after their delivery;
8.5.4 any products which have been open and used by you; and
8.5.5 any products which have been damaged by you in any way.
8.6 How long do you have to change your mind? How long you have depended on what you have ordered and how it is delivered.
8.6.1 Have you bought standard products as shown on our website? If so, you have 14 days after the day you (or someone you nominate) receive the products, unless:
8.6.2 Your products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.
8.7 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for products is completed when the products are delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have changed your mind, just contact us in writing to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund or, if you have not made an advance payment, charge you reasonable compensation for the net costs we will incur as a result of your ending the contract which will include but not be limited to any costs which we have incurred or paid our to any third parties, postage costs, storage costs, costs relating to the re-listing and re-marketing of the products and any costs associated with the depreciation in value of the products due to your cancellation.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.1.2 E-mail. Email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us within 14 days of delivery, following which you will be unable to return the products or get a refund. You must return the products by allowing us to collect them from you. Please call customer services to arrange collection.
9.3 When we will pay the costs of return. We will pay the costs of return:
9.3.1 if the products are faulty or misdescribed; or
9.3.2 if you are ending the contract because we have told you of an upcoming change to the products or these terms, an error in pricing or description, a delay in estimated delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the products from you, we will charge you the direct cost to us of collection by deducting this from the amount due to be refunded to you. This varies depending on the products and delivery method required.
9.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
9.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not generally be permitted. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.6.2 The refund for delivery costs will be the reasonable costs of delivery using the same or similar method in which the products were initially delivered to you.
9.7 When your refund will be made. We will make any refunds due, using the same means of payment as you used for the initial transaction, as soon as possible. If you are exercising your right to change your mind then:
9.7.1 If the products have already been delivered to you, then 14 days from the day on which we receive the products back from you. For information about how to return the products to us, see Clause 2.
9.7.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for the provision of products at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
10.1.3 you do not, within a reasonable time, allow us to deliver the products to you; or
10.1.4 you breach any other material term of our contract with you including these terms and conditions.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the products. We may write to you to let you know that we are going to stop providing the products. We will let you know at least 7 days in advance of our stopping the supply of the products and will refund any sums you have paid in advance for products which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCTS
11.1 How to tell us about problems. If you have any questions or complaints about the products, please contact us. You can telephone or email our customer service team using Our Contact Details.
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
SUMMARY OF YOUR KEY LEGAL RIGHTS
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 say that we must give you certain key information before a legally binding contract between you and us is made (see below). We will give you this information in a clear and understandable way. Some of this information is likely to be obvious from the context. Some of this information is also set out in this contract, such as information on our complaint handling policy.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your products, in most cases, you can change your mind and get a full refund.
See also Clause 8.4
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must allow us to collect them from you. We will pay the costs of postage or collection. Please contact our customer services using Our Contact Details for a return label or to arrange collection.
12. PAYMENT AND PRICE
12.1 How to pay? Payment methods are listed on our website. We accept most major credit and debit cards and full details of the same can be found on our website.
When you must pay and how you must pay. We accept payments only by using our online ordering and payment system or as otherwise agreed between us in writing. You must provide your full payment details at the time of placing your order. Full payment will be taken upon our acceptance of your order.
12.2 What happens if we cannot take payment? You must ensure that you have sufficient funds in place to cover the anticipated withdrawal from your relevant credit or debit card. We cannot be held liable for any payments which do not complete due to insufficient funds or any charges which you incur as a result of the same. In the unlikely event that your payment is not received by us and you have already received the products, you:
12.2.1 must pay for such products within 7 days; or
12.2.2 must return them to us as soon as possible. If so, you must keep the products in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the products) and not use and/or damage them before you return them to us.
Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period.
12.4 Extra security steps. All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps such as via:
12.4.1 Verified by Visa
12.4.3 American Express SafeKey
12.5 Where to find the price for the products. The price of the products will be in pounds sterling and will include VAT. The price will be indicated on our website and on the order pages when you placed your order. These prices will not include delivery costs or any other costs expect for the base cost of the product. We take all reasonable care to ensure that the price of the products advised to you is correct. However please see Clause 7 for what happens if we discover an error in the price of the products you order.
12.6 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the products, we will adjust the rate of VAT that you pay, unless you have already paid for the products in full before the change in the rate of VAT takes effect.
12.7 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the products’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the products’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order and in this scenario, if you wish to proceed with your purchase, you will need to pay the difference between the price already pair and the correct higher price; alternatively, you will be given the option to cancel your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
12.8 We can charge interest if you pay late. If you do not make any payment to us by the specified due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England in force from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.9 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you incur that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill; and for defective products under the Consumer Protection Act 1987
13.3 We are not liable for damage to your property. We cannot be held liable for any damage to your property as we do not provide any delivery or installation services through our company and no members of our team will ever enter your property. We will, however, offer third party suppliers to deliver and/or install the products at your property and if any damage is caused by those third-party suppliers then they will be liable for any such damage.
13.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
15. DISPUTES AND COMPLAINTS
15.1 We very much hope that you will be satisfied with our products however, if you wish to make a compliant or if a dispute arises, we will try to resolve the same with you as quickly and efficiently as possible.
15.2 If you are unhappy with:
15.2.1 The products;
15.2.2 Our service to you; or
15.2.3 Any other matter
Please contact us using Our Contact Details as soon as possible providing us with full details as to the nature of your complaint or dispute.
15.3 Once we receive your complaint or dispute, we will endeavour to respond to you within 14 days after having investigated the matter in detail.
15.4 If you and we cannot resolve a complaint or dispute informally using our internal complaint handling procedure, we will:
15.4.1 let you know that we cannot settle the dispute with you;
15.4.2 please note that the EU operates an online dispute resolution platform for EU consumers to submit disputes arising from online purchases, which can be accessed at //ec.europa.eu/odr ; and
15.4.3 you will have the option of taking court action in order to resolve the dispute however this is always the very last option and we would appreciate a further attempt to resolve your dispute before any court action is commenced.
16. OTHER IMPORTANT TERMS
16.1 Events outside our control. 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 events outside our reasonable control including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism or acts of local or central Government or of any other competent authorities provided that:
16.1.1 we will take reasonable steps to prevent or minimise the failure or delay;
16.1.2 in the event of failure to perform, we will refund you all amounts paid under the affected contract; and
16.1.3 in the event of substantial delay, you may cancel your order by notifying us and we will refund you all amounts paid under the affected contract.
16.2 Updating these terms. We may modify or update these terms of condition from time to time for reasons including: (a) changes in how our business operates; (b) changes in the legal or regulatory requirements that we must comply with; or (c) changes in how we accept payment from you. However, any order you place will be governed by the terms and conditions available on our website at the time when you place the order.
16.3 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
16.4 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing and at our absolute discretion.
16.5 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. If you pass your guarantee on to any other person, we will require that you show us reasonable evidence of proper assignment and the transfer of benefit of the guarantee.
16.6 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.7 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.8 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.