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What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.
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 or they require any changes, please contact us to discuss.
Who we are. We are Rachel Bates Interiors Limited, a company registered in England and Wales. Our company registration number is 08079583 and our registered office is St Andrew House, Priest Lane, Mottram St Andrew, Cheshire, SK10 4QL. Our registered VAT number is 185254590.
How to contact us. You can contact us by telephoning our customer service team at 01625 464307 or by emailing us at firstname.lastname@example.org.
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.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
How we will accept your order. 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.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because the product is no longer available from the supplier, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
Your order number. We will assign an order number to your order and tell you what it is when we accept your order in an order confirmation email. It will help us if you can tell us the order number whenever you contact us about your order.
Where we sell to. A list of the countries where we sell to is set out here. Unfortunately we cannot accept orders from customers located in countries which are not on this list however, please check back as we will update this list from time to time.
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 accurately, we cannot guarantee that your computer's or device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 2% tolerance.
Product packaging may vary. The packaging of the product may vary from that shown on images on our website.
Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.
If you wish to make a change to the product you have ordered from us, please contact us as soon as possible; if the product has started to be made to your order, which you wish to change, we will expect to charge you for any time spent and materials used. We will sometimes start to make or have made products very shortly after an order has been accepted by 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 product, 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.
Minor changes to the products. We may in limited circumstances change the product:
to reflect changes in relevant laws and regulatory requirements for example if a particular material can no longer be used, sold or distributed; and
to implement minor technical adjustments and improvements, for example to address a security threat.
More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
Delivery costs. The costs of delivery will be as displayed to you on our website and will be added to your order when you get to the checkout, before you pay.
Goods. We will contact you with an estimated delivery date, which will be within two (2) days after the day on which we accept your order.
One-off services. We will begin the services on the date set out in our acceptance of your order. The estimated completion date for the services is as told to you during the order process.
On-going services. We will supply the services to you until either the services are completed or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
We are not responsible for delays outside our control. If our supply of any product(s) is delayed by an event outside our control (including delay in supply by our suppliers) 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 but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. Please note that all delivery dates are estimates only and we do not accept any liability (arising directly, indirectly or consequentially, even if we have been aware of the possibility of such losses) arising out of or in connection with any delay.
If you are not at the delivery address when the product is delivered. If no one is available at your delivery address to take delivery, our delivery agents will leave you a note informing you of how to rearrange delivery and will store the products until you can collect them.
If you do not re-arrange delivery. If you do not re-arrange delivery or collect them from a delivery depot within two weeks from the original date of delivery 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 we may end the contract and clause 10.2 will apply.
If you do not allow us access to provide services. If you do not allow us access to your property to perform any services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.
When you become responsible for the product. The product will be your responsibility from the time we deliver the product to you.
When you own goods. You own a product once we have received payment in full.
What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products or services to you, for example, sizes. If so, this will have been stated in the description of the products or services on our website. We will contact you in writing to ask for this information or we will request it during the ordering process. 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 10.2 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 or services 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.
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, how we are performing and when you decide to end the contract:
If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), please see clause 11;
If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
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 (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been delivered and you may also be entitled to compensation. The reasons are:
we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2;
we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
there is a risk that supply of the products may be significantly delayed because of events outside our control;
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 three (3) months; or
you have a legal right to end the contract because of something we have done wrong.
Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
Cashmere, crystal, art, marble, silver, Limoges porcelain, furniture and mirrors, lighting, leather and seal skin goods and champagne gift sets because these products have been made bespoke to you in accordance with your specifications; and
services, once these have been completed, even if the cancellation period is still running.
Sale items are non refundable.
How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
Have you bought services (for example, interior design services)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
Have you bought goods? If so you have 14 days after the day you (or someone you nominate) receive the goods, unless your goods are split into several deliveries over different days in which case you have until 14 days after the day you (or someone you nominate) receive the last delivery to change your mind about the goods.
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 (see clause 8.5), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products or services 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.
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
email email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
By post. Print off the form www.rachelbates.com/contact and post it to us at the address on the form. Or simply write to us at that address, including the information required in the form.
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. You must arrange for their transport back to us at St Andrew House, Priest Lane, Mottram St Andrew, Cheshire, SK10 4QL. Please call customer services on 01625 464307 or email us at firstname.lastname@example.org for a return label or to arrange collection. If you are exercising your right to change your mind you must send back the goods within 14 days of telling us you wish to end the contract.
When we will pay the costs of return. We will pay the costs of return:
if the products are faulty or misdescribed; or
if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in 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; or
if you are exercising your rights to change your mind.
In all other circumstances you must pay the costs of return.
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.
Deductions from refunds. If you are exercising your right to change your mind:
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full period of the contract.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.8.
In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within five days of us reminding you that payment is due;
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;
you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
you do not, within a reasonable time, allow us access to your premises to supply the services.
You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 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.
We may withdraw the product. We may write to you to let you know that we are going to stop providing the product or services that you have ordered. We will let you know as far in advance as reasonably possible of our stopping the supply of the product or services and will refund any sums you have paid in advance for products or services which will not be provided.
How to tell us about problems. If you have any questions or complaints about the product or services, please contact us. You can telephone our customer service team at 01625 464307 or write to us at email@example.com.
Summary of your legal rights. We are under a legal duty to supply products or services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product or services. 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.
For goods, for example furniture, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
up to 30 days: if your item is faulty, then you can get a refund.
up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
For services, for example design services, the Consumer Rights Act 2015 says:
you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
if you haven't agreed a price upfront, what you're asked to pay must be reasonable.
if you haven't agreed a time upfront, it must be carried out within a reasonable time.
Where to find the price. The price (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product or services you order.
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 product or services, we will adjust the rate of VAT that you pay, unless you have already paid for the product or services in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products or services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's or service's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept 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 goods provided to you.
When you must pay and how you must pay. When you must pay depends on what product or services you are buying:
For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
For services, you must pay each invoice issued by us in respect of our services within 30 calendar days after the date of the invoice. We will invoice you in arrears on a monthly basis.
We can charge interest if you pay late. If you do not make any payment to us by the 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 Barclays Bank Plc. 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.
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 and we will not charge you interest until we have resolved the issue.
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 suffer 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.
When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
We are not liable for business losses. We only supply products or services 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.
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
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.
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 a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms 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.
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.
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.