1.1 These are the terms and conditions on which we supply our products to you. Please read them 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.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Rutland London Limited a company registered in England and Wales (“we”, “us” or “our”). Our company registration number is 09926280 and our registered office is at 25 St Thomas Street, Winchester, Hampshire, United Kingdom, SO23 9HJ. All correspondence should be sent to our registered office. Our registered VAT number is GB 203802647.
2.2 You can contact us by telephoning our customer service team at +1 (332) 600 1907 or by writing to us at firstname.lastname@example.org.
2.3 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 When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 Our acceptance of your order will take place when we accept it in writing, at which point a contract will come into existence between you and us.
3.2 If we are unable to supply you with the products for any reason, we will inform you of this in writing and we will not process your order.
4.1 Quotations are submitted without engagement and are subject to confirmation by us before a contract is made. Drawings, dimensions and weights and any other informative details submitted are approximate only. Quotations are only valid for the time specified on the quotation and if no time period is specified, then 30 days from the date of quotation, unless extended at our discretion.
5. OUR PRODUCTS
5.1 The images of the products and of any product packaging on our website or any other literature are for illustrative purposes only. Although we have made every effort to display the colours and/or finishes accurately, we cannot guarantee that our images will accurately reflect the colour and/or finishes of the products. The colour and/or finishes of your products may vary slightly from those images.
5.2 Although we have made every effort to be as accurate as possible, measurements indicated are subject to a tolerance of 4mm for standard products. Where products are bespoke or made to special order the tolerance will be confirmed at the point of order.
5.3 Please check all product orders very carefully and ensure that they are correct, in particular dimensions, outputs, finishes including colour/finish and accessories. Note that in respect of bespoke designs and finishes and any product which is handmade to order, customisable and/or made to measure you will not be able to cancel your contract with us once we have accepted your order nor can changes be made to your order mid-production.
5.4 If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.
5.5 Product care, installation and product specific documents can be provided on request.
6. OUR RIGHTS TO MAKE CHANGES
6.1 We may change the product:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
7. PROVIDING THE PRODUCTS
7.1 The costs of delivery will be as set out on the pro forma invoice (if applicable) or as displayed to you on our website at https://rutlandlondon.com/pages/delivery-export
7.3 All delivery times quoted by us are approximate only and time is not of the essence of the contract. We advise that you check with us should you require a specific delivery date.
7.4 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, 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.
7.5 Our products are manufactured to ship. If you fail to take delivery of the products within a reasonable time when notified that they are ready, we reserve the right to store the products at your cost.
7.6 In the event of a failed delivery to you, we (or our chosen third-party courier) will contact you for further instructions and may charge you for storage costs and any further delivery costs.
7.7 A product will be your responsibility from the time we deliver the product to the address you gave us. Therefore any loss or damage to a product once delivered and signed for shall not be our responsibility.
7.8 You own a product once it has been manufactured and delivered and we have received payment in full.
7.9 We may need certain information from you so that we can supply the products to you, in particular for any bespoke designs. 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 in accordance with clause 11.1.3 and/or make an additional administrative charge of a reasonable sum to compensate us for any extra work that is required as a result or in respect of any storage charges incurred. 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.
8. PRICE & PAYMENT
8.1 In order to help prevent fraud, we may ask you to send us £1.00 initially (and for us to confirm safe receipt) prior to you paying the full balance for the products.
8.2 The price of the product (which includes VAT on our website and excludes VAT in our quotations) will be the price indicated on the order pages when you placed your order or set out in our order confirmation (as applicable). The price will be based upon the value of the Pound Sterling on the date we send you our order confirmation and fluctuations in the exchange rate, devaluation and similar changes are at your risk.
8.3 If you order our products for international delivery your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. You must comply with all applicable laws and regulations of the country for which the Products are destined.
8.4 We use our best efforts to ensure that the price of the product advised to you is correct. However 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 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 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. 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.
8.5 We accept payment in Pounds Sterling by BACS payment for direct orders and by credit/debit card payment for online orders. We may permit you to pay a deposit (subject to our agreement) and to be no less than 75% for orders exceeding £10,000 (ex VAT) for an order to enter production. If this is agreed, you must pay for the Goods in full when we advise they are ready for dispatch and prior to shipping. Orders with a value under £10,000 (ex VAT) and all bespoke orders (regardless of order value) must be paid for in full without exception.
9. YOUR RIGHTS TO END THE CONTRACT
9.1 Faulty products: 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). We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
9.2 If you wish to exercise your legal rights to reject products you must tell us within 5 working days of delivery (unless in the case of a latent defect) and either return them to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on +1 (332) 600 1907 or email us at email@example.com for a return label or to arrange collection.
9.3 Please see clause 10 below for details of the warranties we offer.
9.4 Cooling off period for distance contracts: For many products bought online, by email or over the telephone (i.e. not face to face) you have a legal right under the Consumer Contracts Regulations 2013 to change your mind within 14 days and receive a refund, but this is subject to exceptions and may be subject to deductions as set out below. You will also have to pay the costs of return or collection of any products.
9.5 IMPORTANT: You do not have a right to change your mind in respect of any orders placed in store or in respect of our bespoke designs and finishes and any product which is handmade to order, customisable and/or made to measure.
9.6 For any products not covered by clause 9.5 you have until 14 days after the day you receive the products to change your mind. Where your products are split into several deliveries over different days, you have until 14 days after the day you receives the last delivery to change your mind.
9.7 If you wish to exercise your legal right to cancel, please let us know by calling customer services on +1 (332) 600 1907 or emailing us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address. Alternatively, you can use our model cancellation form which can be found here.
9.8 We will refund you the price you paid for the products including delivery costs, by the method you used for payment.
9.9 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.
9.10 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 be permitted in a shop. 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.
9.11 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.
10.1 In addition to your legal rights and subject to the remainder of this clause 10, if the products are within their warranty period (see clause 10.2) we will repair or replace free of charge products or any part of such products which are defective due to defective materials or workmanship in accordance with the exclusions and conditions outlined in clause 10.3.
10.2 The warranty periods for our products are:
10.3 Exclusions and conditions of our warranty for the products:
10.3.1 upon noticing the defect, you must promptly notify us and return the products to us at your expense within the applicable warranty period set out above;
10.3.2 the cost of all labour associated with the claim is paid by you;
10.3.3 products must be correctly installed and maintained as per our installation and maintenance guides supplied with the products and have been installed by a professional in accordance with good industry practices. Evidence of such will be required at the point the claim is submitted;
10.3.4 electric heating elements incorrectly installed or operated whilst the radiator or heated towel rail is “dry” will not be entertained;
10.3.5 note that many of our product finishes are “living finishes” which age and patina and that this is not considered a fault to which our warranty would apply;
10.3.6 the foxing of mirrors is considered to be a characteristic inherent to the nature of the product and is not considered a fault;
10.3.7 claims for products not performing due to insufficient water pressure will not be accepted. Details of minimum pressure requirements are available via our support team and these must be checked prior to installation;
10.3.8 our products should not be installed on a softened water system. Before ordering you must ensure that any products purchased are suitable for the system upon which they will be installed, considering any aggressive water areas or water softeners. In these circumstances, corrosion may occur for which we have no control and no liability. We insist that this check is thoroughly carried out with a Heating Installer or Local Water Authority, as we shall have no responsibility for failure due to corrosion where there are higher than usual levels of chlorine or chlorides;
10.3.9 warranties are transferable when the property changes ownership but not transferable where the products are re-installed in a different location. Original invoices will be required;
10.3.10 we do not warrant that the products comply with applicable laws, regulations or standards outside of the UK;
10.3.11 we will not liable for breach of the warranty given in this clause 10 if you make any further use of the products after giving notice to us that the products are defective or you alter or repair the products without our prior written consent;
10.3.12 claims will not be entertained where the defect arises as a result of fair wear and tear, accident, wilful damage, mis-use, improper operation, neglect or negligence or abnormal storage or working conditions; or where the products have been altered or used to carry loads or for any purpose other than those which the products are suitable for as directed by us; and
10.3.13 where we are manufacturing bespoke products to client specifications, the warranty will not apply where the defect arises as a result of us following any drawing, design or specification supplied by you or where the products differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
10.4 We shall have no liability for loss or damage to a product as a result of installation damage caused by a third-party installer or other contractor nor shall we be liable for the fitting or reinstallation costs associated with defective products once installed.
10.5 These Terms also apply to any repaired or replacement products supplied by us to you.
11. OUR RIGHTS TO END THE CONTRACT
11.1 We may end the contract for a product at any time by writing to you if:
11.1.1 for a reason beyond our reasonable control we cannot fulfil your order in which case we shall notify you in writing and refund to you any monies already paid;
11.1.2 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;
11.1.3 you do not, within a reasonable period of us asking for it, provide us with information that is necessary for us to provide the products, for example, the information described in clause 7.9 and in such circumstances you shall not be entitled to a refund of any deposit already paid to us and/or you may be required to pay us an administrative fee in accordance with clause 7.9 to cover our reasonable costs and expenses incurred; or
11.1.14 you do not, within a reasonable time, allow us to deliver the products to you.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 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.
12.2 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; and for defective products under the Consumer Protection Act 1987.
12.3 We only supply the products to you as a consumer 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 and our terms of business for trade customers shall instead apply - you can see our B2B Terms & Conditions here.
12.4 We shall have no liability for loss or damage to a product as a result of installation damage caused by a third party installer or other contractor nor shall we be liable for the fitting or reinstallation costs associated with defective products once installed.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
14. OTHER IMPORTANT TERMS
14.1 This contract is between you and us. Save in respect of clause 10.3.9, no other person shall have any rights to enforce any of its terms.
14.2 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.
14.3 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.
14.4 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
Date: 27 September 2021