TERMS AND CONDITIONS
CONDITIONS OF SALE
These Conditions of Sale govern the relationship between you and us, Remous Limited (trading as Rothbury Publishing) (“we”, “us”, “our”, “Remous”, “Rothbury”); further details about us are provided below.
Your purchase of products (“Products”) through our website, available at: www.rothburypublishing.com (“Site”) is subject to these Conditions of Sale.
We may change any part of our Sales Terms at any time and will update the relevant page(s) on our Site, but we will not be obliged to give prior notice to you of any such change(s) before they are made.
Sales are made by Remous Limited (trading as Rothbury Publishing), a company registered in England and Wales under number 01479229. Our registered office is Unit 4 Barton View Business Park, Sheeplands Lane, Sherborne DT9 4FW. Our VAT number is: 323 6501 86
You can contact us viathe Contact Us page on our website, or by phone on: 01963 250920.
INTELLECTUAL PROPERTY NOTICE
The names Rothbury, Rothbury Publishing, Rothbury Cards, Remous, Remous Print and all logos, trademarks, designs, get-up and similar are our exclusive property or are licensed to us; any use of such intellectual property rights without our prior written consent (which may be withheld) is not authorised by us and may entitle us or the rights owner (as appropriate) to seek resulting damages.
ORDERING PRODUCTS FROM US
PLACING AN ORDER
To ensure the order and acceptance process is clear between us, we have outlined this below; any order placed will remain subject to acceptance before a contract of sale comes in to effect between us:
(i) When you place an order through the Site, you will have indicated your intention, and made an offer, to buy those Products at the prices quoted on the Site.
(ii) We will acknowledge your order in writing but this does not constitute acceptance of your order at that stage. This is because we need to ensure the Product(s) you have ordered are available in stock or that we will be able to dispatch them to you in the timeframe required; we will also need to check that we can accept payment from your debit or credit card, or other payment method.
(iii) Any payment that is processed will be held by us, or by our payment provider, pending acceptance of your order. We may choose not to accept your order (including for one of the above reasons), in which case you will be notified of this and, in most cases, invited to place another order or to change your requirements.
(iv) Where your order is not completed, we will refund the payment made on to the debit or credit card used at the time the order was placed.
Acceptance of your order, and completion of the contract of sale between you and us, only takes place when we have dispatched each Product to the delivery address that you have specified.
DESCRIPTION AND NATURE OF GOODS
The images of items on our Site are for illustrative purposes only. We have made every effort to display items accurately but we cannot guarantee that the actual product(s) supplied will conform exactly with the way in which they are displayed by your computer or device. Products may differ slightly from the actual appearance, size or colour as a result of screen definitions, settings and photography techniques.
You shall not seek to reject any item or deem them not to be of satisfactory quality, on the basis set out above, for those reasons.
Although we try to ensure that all Product information and depictions of items and packaging materials as contained on our Site are correct and accurate, actual product items and packaging materials may differ from those displayed on our Site. You accept that you do not rely solely on the information presented on our Site in deciding whether or not to place an order.
We accept no liability for inaccuracies or misstatements about Products by third parties (if any) but this does not affect your consumer rights – see further below.
Pricing and Availability
Prices are as stated on our Site; all prices are inclusive of VAT or equivalent sales tax, where applicable.
Whilst we try to ensure that all pricing information appearing on our Site is accurate, errors do sometimes occur. If we discover an error in the price of any Product(s) which you have ordered we will notify you of this as soon as possible and give you the option to either reconfirm your order at the correct price or to cancel it. Where you cancel after having paid for those Products, we will provide a full refund.
We try to provide the most up-to-date information concerning the availability of Products sold by us through our Site, including on Product information pages. However, you accept this is an indication only and that we are unable to be more specific about availability of particular Products. As we process your order, we will inform you as soon as possible if it turns out that any Product(s) for which you have placed an order are unavailable; in those circumstances you will not be charged and we will try to arrange an alternative if possible and acceptable to you.
In circumstances where any information provided contains errors or is out-of-date, we may correct such errors, inaccuracies or omissions without the need to give you prior notice of such changes. We shall be entitled to refuse to meet or fulfil any order based on inaccurate information, to include without limitation, errors, inaccuracies or out-of-date information concerning price, payment terms, availability or delivery.
Any reference to delivery times are only an indication of the intended date and time for delivery of Products ordered, but they are not, and you accept that they are not intended to be, a guarantee that your order will be delivered on or before a particular date or time. You accept that you have not relied upon any stated delivery information at the time of placing an order with us.
If full payment is not received or if it is suspended or cancelled for whatever reason, we may suspend delivery of the Products and any of our further obligations until payment in full has been received.
Risk in Products ordered pass to you at the time of delivery; title to those items will pass to you at the time of actual delivery, subject to us having received payment of all sums due to us, including VAT and any other applicable charges.
You accept that we will not be liability to you or be in breach of these Sales Terms by reason of any delay in performing or any failure to perform, any of our obligations (including the delivery of Products), if the delay or failure was due to any cause beyond our reasonable control; this shall be deemed always to include any failure or delay caused by any third party, such as a courier or delivery agent, acting on our behalf, in addition to adverse weather conditions (such as ice, snow or floods), fire, explosion, delays or obstructions on any public roads, riot, war, terrorism, industrial disputes, acts of God or any failure of a third party supplier to meet their agreed obligations to us, to the extent that their failure or delay impacts our obligations to you.
Orders for delivery outside of the EU
If Products are ordered through our Site for delivery outside of the European Union (EU), you may be subject to import duties and taxes, in addition to the price of the item(s), as a result of levies imposed by the relevant authorities where the goods are intended to be received, or as part of their transit to that destination.
All additional charges, duties and taxes must be paid by you. We do not have any control over the imposition of such charges and the responsibility for receiving any Products ordered lies with you; the relevant authorities will consider you to be the importer of record and accordingly you must comply with all applicable laws and regulations; the policies of different countries and territories can vary widely and therefore we recommend that you contact your local customs office for additional information. Any goods received by you may also be subject to inspection, which may include the opening of secure packaging by the relevant authorities or customs officials.
INSPECTION AND ACCEPTANCE OF PRODUCTS
You undertake to inspect all items purchased as soon as possible after receipt, to ensure that they conform with the order placed and, if not, will notify us as soon as possible in writing and in any event within 7 days of receipt of the Product(s) so that we may take steps to rectify any genuine problems; however, these obligations shall not preclude any of your other rights, where applicable, under these Sales Terms or in respect of your consumer rights. In relation to any Product(s) subject to return, title and risk in those goods remains with you until they has been received, in the condition specified within our Returns Policy – see further below.
The extent of our liability shall be limited to the price actually paid by you for the Products ordered save that nothing in these Sales Terms will have the effect of limiting or reducing our liability for death or personal injury arising from our negligence, or in respect of fraud.
If you simply change your mind about an order, you should contact us as soon as possible with your order details; provided we receive your cancellation before we have dispatched your item, we should be able to refund the price paid, or alternatively arrange an exchange for you. If the item has already been dispatched, you will need to follow our cancellation process below. Our general returns policy does not affect your rights to cancel the contract or to reject Products that do not conform to the terms of our contract, under applicable consumer law.
A cash refund will be made to the payment card that was used to place the order; where the item was purchased as a gift, the refund will not therefore go to the recipient of the gift; they will need to make arrangements with the original purchaser; alternatively, we are happy to arrange an exchange of the item, subject to our exchange policy, where the exchanged item is for a price equal to or higher than the original item.
CONSUMER PROTECTION; PROVISION OF INFORMATION
We are required to provide you with certain pre-determined information, under consumer law. As the nature of your intended purchase of Products is a distance contract, i,e. where we are not face-to-face, and given the fact you wish to make a purchase from our Site, we take it that you are content to be provided with that information electronically, as opposed to on paper or on another durable medium; however, if you would like to receive that information in a durable form, or if you consider that we have not fully provided you with the necessary information, you should not proceed with the purchase until you are satisfied that we have provided you with all relevant information; please therefore contact us if you would like such information in a different form or if you think that anything we should have confirmed has not been provided.
You are entitled to exercise certain cancellation rights, provided the Products to be supplied by us are not bespoke or personalised to your specific requirements.
You have a right to cancel this contract and change your mind about your purchase without having to give a reason. If you consider the Products to be defective, you have separate rights – please see below under the heading “Right to reject defective goods”.
You have a right to cancel your order within 14 days from the day after you receive all of the Products that you have ordered, or someone receives them on your behalf (this does not include receipt by any delivery company that we may use). Following any notice of cancellation, you agree to send back the Products or return them to our address without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the Products before the period of 14 days has expired.
If you do wish to cancel, you can do so by making a clear statement that you wish to cancel; to allow us to deal with this effectively, our preference is for this to be in writing; by letter or an e-mail. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. There is a standard form of notice that you can use, but you do not have to. We have set this out below, for your reference:
To: Remous Limited, t/a Rothbury Publishing
Wyvern Building, North Street, Milbourne Port, Sherborne, Dorset DT9 5EP
I/We* hereby give notice that I/we* cancel my/our*contract for the supply of the following products:
Ordered on*/received on* ………………………………….[date]
Name of consumer(s): ……………………………………………
Address of consumer(s) ……………………………………………………………………………………………
Signature of consumer(s) …………………………………………………………………………………………..
(only if this form is notified on paper).
(*Delete as applicable)
EFFECTS OF CANCELLATION
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any Product(s) supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than either 14 days after the day we receive back from you any goods supplied, or (if earlier) 14 days after the day you provide evidence that you have returned the goods, or if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel the contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in writing; in any event, you will not incur any fees as a result of the reimbursement.
Any return of Products must be to our usual address, as specified within information that we have provided to you, or as shown on our Site, unless we provide an alternative address for this purpose.
YOUR RIGHTS TO REJECT PRODUCTS
We acknowledge your short-term right to reject Products where these do not meet the terms agreed or any implied terms under applicable law; these are commonly known as statutory rights, which remain unaffected by anything in these Sales Terms, and include our obligation to supply goods that meet their description, are of satisfactory quality and are fit for purpose.
You can exercise this right by indicating to us, in any way that is clear enough to be understood, that you are rejecting those Products and treating the contract as at an end, at any time within 30 days from the day on which you receive the Products, or the last batch of Products, if multiple orders were placed simultaneously. You must either return the Products to us or make them available for us to collect and once received we will then promptly arrange a refund.
The effects of rejection will be the same as those under cancellation, except that we will bear the reasonable costs associated with any return, where your rights to reject have been validly exercised.
These Sales Terms represent the entire agreement and understanding between you and us in relation to their subject matter.
No variation may be made to these Sales Terms, save that we may update or amend them from time to time, without notice; no amendment will affect an order that has already been accepted and confirmed by us; any waiver of any provision of these Sales Terms shall only be effective if made in writing and shall not be deemed to be a waiver of any subsequent breach or default.
If any provision, or part of a provision, of these Sales Terms is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partially invalid or unenforceable, then to the extent that it is considered invalid or unenforceable, it shall be read with such modifications necessary to make it valid and enforceable; the remainder of these Sales Terms remain in full force and effect. Any failure or delay by us in acting upon a breach does not act as a waiver of our right to fully enforce our rights provided for under these Sales Terms.
We may assign, transfer or otherwise deal with a contract, or any of its terms, as we wish and without having to seek prior consent; we shall procure that the identity of any assignee (meaning a person to whom this contract is transferred) as soon as reasonably possible; any attempted assignment by you shall be of no effect, unless we agree to this in writing.
No provision of any contract between you and us is intended, or shall be deemed to constitute, a partnership, joint venture or agency relationship.
Apart from any assignee, a person who is not a party to a contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms but this shall not affect any right or remedy of a third party which exists or is available apart from under that act.
The construction, validity and performance of the contract shall be governed by the laws of England and you and us agree to submit to the exclusive jurisdiction of the English courts to hear and settle any disputes (including non-contractual disputes and claims) in respect of the subject-matter of this contract or the dealings that we may have with each other.