Terms and Conditions

1

Introduction

 

The below terms and conditions relate to the use of and purchase from www.therugseller.co.uk ('our/this website'). Any purchase made through this website requires that you read and accept these terms and conditions.

By making an offer to purchase from this website you agree to the terms of agreement as defined in clause 3.

You must be aged 16 years or older to register on this website, or make an offer to purchase. By making an offer to purchase you are confirming to us that you are at least 16 years of age.

Ultimate Grass is a trading name of The Rug Seller Limited
Company Number: 5658059
Registered Address: 39B York Road, Hartlepool, TS26 8AH

These terms & conditions are subject to change at any time and we are not required to notify you of any changes.

 

2

Definitions

 

2.1

'Commencement Date' means the date on which the agreement with you is concluded.

2.1

'Order Form' means the online form completed online when offering to purchase. In the event of placing a telephone order, the contents of the order form will be communicated verbally and the 'Invoice' will confirm the details of your offer to purchase.

2.2

'Invoice' means the order confirmation that will be shown on the screen after offering to purchase. For telephone orders, the details of the invoice will be sent to your registered email address.

2.3

'Goods' means the merchandise to be provided to you by us, as described on the Invoice and Order Form.

2.4

'Custom Goods' means merchandise that has been altered from it's standard specifications in accordance with your instruction on the Order Form. Custom Goods will be clearly marked and described on the Invoice and Order Form.

2.5

'We/us/our' refers to Ultimate Grass, a trading name of The Rug Seller Limited; a company incorporated in England and Wales (company number: 5658059) with a registered address of 39B York Road, Hartlepool, TS26 8AH.

2.6

'You/your' refers to the individual or corporation purchasing goods from us, or in other way using the services of our website.

3

Your agreement with us

 

3.1

When you make an offer to purchase Goods from this website, the details of your agreement with us ('the Agreement') are shown within these terms & conditions, the Order Form, the Invoice and the privacy policy. The details on these documents supersede any previous verbal discussions.

3.2

Our website should not be interpreted as a legal offer to provide Goods. By making an order through the website you are making a legal offer to purchase the goods. Acceptance of this offer to purchase is at our discretion and we maintain the right to reject any offer to purchase.

3.3

The Agreement is concluded when we accept your offer to purchase. The Commencement Date will be shown on the Invoice.

4

General

 

All prices quoted are in GBP and include VAT at the current rate.

Payment can be made with any of the payment options detailed in clause 6 and will be debited from your account when we accept your offer to purchase.

Our acceptance of your offer to purchase is subject to the availability of stock to fulfil your order. Our website reports live stock to the best of our knowledge at the time but in some cases we may not be able to source stock to fulfil your order within the stated leadtime. Should this be the case we will contact you as soon as possible and will offer you several options:

  • The option to wait for your order with a revised lead time.

  • The option to cancel your contract with us and receive a full refund.

  • The option to alter your order to an alternative product. We will often provide a list of applicable products that are in stock at the time. Should the value of the alternative product be different to the original item we will arrange for the balance to be credited/debited from your accout.

5

Delivery and returns policy

 

5.1

Delivery

Shipping services and carriers are dependent on your location, order contents and time of order. If there is a charge for delivery this will be itemised at the time of placing your order.

Paid for service levels (such as Saturday or AM delivery) are valid once the standard lead time for each product has elapsed.

Delivery service levels (such as 'next working day') are not guaranteed. Should the intended service level not be acheived by our carrier partner, our liability is limited to the value you paid for the shipping service. We cannot be held liable for any other loss you may have incurred through such events

For international shipments, you are responsible for any customs or duty due on your Goods as they enter the delivery country. Before you place an order we would recommend you review the customs rules of your delivery country. We cannot be held liable for any fees imposed.

5.2

Non-Faulty Returns

Our non-faulty returns policy complies with Consumer Contracts Regulations 2013 and Distance Selling Regulations.

If you wish to return your non-faulty goods we are happy to offer a full refund or exchange on any goods returned to us providing they are received back with within 28 days after receipt. On receipt the returned goods are required to be in an un-used condition and suitable for resale.

 

For non-faulty goods, you are responsible for the returns postage and covering any costs incurred. We would recommend using a tracked service with an appropriate level of insurance to cover the value of the returned goods. You are welcome to return the goods to our warehouse yourself if this is convenient.

5.3

Faulty Returns

Our faulty returns policy complies with Consumer Contracts Regulations 2013 and Distance Selling Regulations.

If you beleive that your product has a manufacturing fault or is otherwise unfit for purpose we recommend you get in touch with us as soon as possible. We will usually ask for photographic evidence of the fault.

6

Payment options

 

Payment is taken at the point of placing your order. You can currently pay using the following methods:

5.1

Credit Card
(Mastercard, Visa, American Express)

5.2

Debit Card
(Mastercard Debit, Visa Debit/Delta, Visa Electron, Solo, Maestro)

5.3

PayPal

5.4

Amazon Pay

5.5

Cheque
(By prearrangement only)

5.6

Bank Transfer
(By prearrangement only)

7

VAT

 

All prices include UK VAT at the standard rate.

8

Security & data protection

 

8.1

Data Protection & Privacy

Our policy on data protection and privacy is outlined separately in our Privacy Policy. By offering to purchase or otherwise engaging with our website you are agreeing to the terms of our Privacy Policy.

8.2

Secure Shopping

All information submitted to our site is done so through the latest SSL encryption technology. Credit/Debit card details are processed through a third party payment provider that complies with the latest standards of security and are never visible to The Rug Seller Limited employees.

8.3

Third Parties

We never pass any information to third parties without your prior and explicit approval, except in cases where it is necessery to fulfil our contract with you (e.g. delivery service partners).

9

Right to cancel this agreement

 

9.1

Cancelling your agreement before dispatch

If you wish to cancel your agreement to purchase Goods before they have been dispatched by us you should notify us as quickly as possible by e-mail or post. You are unable to cancel an agreement to purchase such Custom Goods except in circumstances detailed in clause 13.

Please note that once orders have been processed and packed it may be too late to prevent the item being delivered and you may have to return the item to us in accordance with our Returns Policy. Should you wish to cancel an order that is due for imminent dispatch we would recommend you contact us on the telephone in addition to e-mail/post to ensure we have time to process your cancellation request before dispatch.

When a request for cancellation is processed we will refund any funds paid to us in full including any charges for postage.

9.2

Cancelling your agreement after dispatch

Under protection afforded to you by law, you have fourteen days from the day after you receive your Goods in which to cancel your purchase (the 'cooling off period'). You then have another fourteen days to ensure that the Goods are returned to us. We will treat any returns to us as notice that you would like to cancel your agreement and therefore it is unnecessary to notify us in advance of returning your Goods.

There is no 'cooling off period' for Custom Goods and an agreement to purchase such Custom Goods cannot be cancelled once entered into except in circumstances detailed in clause 13.

Returning Goods should be completed in accordance with our Returns Policy. Unless there is a diagnosed fault with the product, or the product is otherwise unfit for purpose, we will not fund returns postage costs. If you believe that the Goods or Custom Goods that you purchased are faulty or unfit for purpose please contact us with photographic evidence of the issue in advance of making your return. We treat instance on a case by case basis and respond accordingly.

9.3

Our right to cancel the Agreement

We reserve the right to cancel the Agreement at any point up until your Goods or Custom Goods are delivered. Should we need to cancel the agreement we will notify you by email and ensure that all funds paid are returned to you. We cannot be held liable for any loss incurred by you as a result of the cancellation of the Agreement.

10

Limitation of liability

 

IMPORTANT: This clause explains the limit of our liability to you for any loss you may suffer in connection with your purchase of Goods. Please read it carefully.

10.1

Nothing in these terms and conditions is intended to exclude any provision of the Unfair Contract Terms Act 1977, the Unfair Terms in Consumer Contracts Regulations 1999, or of any other legislation designed to ensure that the rights of parties to a contract of the type of this Agreement treat all parties fairly.

10.2

With consideration of clause 10.1, we shall not be liable to you for any loss or damage unless such loss or damage arises as a direct result of our negligence, recklessness or willful misconduct, or fraud or misrepresentation on our part.

10.3

We disclaim all liability from our employees' or sub-contractors' negligence to the fullest extent permitted by law.

10.4

We disclaim all liability in respect of your use of any external websites which we link to from our site.

10.5

We disclaim all liability in respect of your use of any external websites on which our brand name, products or services are featured.

10.6

All Terms, Conditions and warranties relating to the Goods which are not expressly stated in this Agreement are excluded to the fullest extent permittable by law.

10.7

Our total liability to you in respect of any claim related to the failure to provide Goods is limited to the value of the Goods to be provided.

10.8

You have 12 months to notify us of the details of any claim. Claims after this period will be conisdered invalid.

10

Intellectual Property

 

We own or have permission to use the intellectual property rights in this Website and the content within the Website. The rights are protected arround the world. All such rights are reserved.

You are permitted to print, download or store elements of our website for your own personal use. You are not allowed to use any part of this Website for commercial purposes unless you have our express permission in writing.

12

Website content

 

12.1

Information on Goods & Custom Goods

The data and information displayed on our website has been compiled with all reasonable care however we can offer no warranty (express or implied) as to the accuracy of data presented and we cannot accept any liability for inaccuracy in the presented information.

12.2

Photography of Goods & Custom Goods

Product photography is produced with all reasonable care given to accuracy and reproduction of colour, however, products can look different in different lighting conditions and photography can be displayed differently on each device due to hardware and software settings. In such cases we would not consider the item as misrepresented and therefore if you wished to cancel your agreement and return the Goods for a refund you would be required to follow our Returns Policy and fund the returns postage.

If you believe that the Goods or Custom Goods that you purchased were misrepresented online then please contact us by email or post with photographic evidence of what you received. We treat each instance on a case by case basis and respond accordingly.

12.3

Size tolerance of Goods & Custom Goods

Due to the hand produced nature of many of the products on our website, you should allow a 5% tolerance on stated sizes. This includes the sizes you request on the Order Form for Custom Goods.

13

Custom made products

 
IMPORTANT: This clause explains the provisions for the sale of custom made Goods. Please read it carefully.

By offering to purchase Custom Goods you agree that you are unable to cancel the Agreement once production of the Custom Goods has started. You also agree that you are unable to return the Custom Goods to us once delivered, unless the Custom Goods are faulty or otherwise unfit for purpose.

Should you wish cancel an agreement made to purchase Custom Goods you should notify us as soon as possible and we will take reasonable steps to cancel the purchase before production has started. If cancellation is not possible we cannot be held liable for any loss you may suffer as a result.

Custom Goods will be produced to the specifications requested on the Order Form but please note that due to the hand produced nature of many of our products there is a 5% tolerance in measurements given. This means that goods provided maybe up to +/-5% different from the requested specification.

14

Price Match

 

If you wish to submit a claim under our Price Match Policy you should do so in writing to our customer services email address. Claims must be made either before your order has been dispatched, or within 7 days of your Goods being delivered.

Your claim should include your order details (if relevant), the comparison product details and the comparison merchant details (including contact details and website address if relevant).

A successful price match claim should satisfy the following criteria:

  • The comparison Goods should be identical (the same manufacturer part number).

  • The comparison Goods must be in a the same state of availability. We will only price match against a competitors offer for an out of stock or pre-order product if our item is in an identical state of availability.

  • The comparison total price must be less than the total price offered by The Rug Seller Limited. Total price will be taken as total price for Goods and delivery charges (including relevant tax).

  • The comparison merchant must be based within the UK.

  • The comparison offer must be a fixed price offer and claims against auctioneers will be considered invalid.

We will respond to any claims under our price match policy as quickly as possible and will notify you of the outcome within 7 days.

15

Contact details

 

If you have any questions about these terms & conditions, or if you have a complaint, please contact us by email at [email protected]. Alternatively you can write to us at Ultimate Grass, 7 Trafford Moss Road, Astra Business Park, Manchester, M17 1SQ

We will respond to any correspondence as quickly as possible.

16

Law and jurisdiction

 

The Agreement has been construed in accordance with English law and will be governed by English law with the jurisdiction of the English courts. If you access this website from another country you are responsible for compliance with any relevant local laws.

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