Terms

Terms & Copyright

1.Definitions

Agreement:

shall have the meaning set out in Clause 2 of these Conditions.

Conditions:

these terms and conditions.

Customer:

the individual consumer who purchases or agrees to purchase the Goods from Rose and Foxgloves.

Order:

a Customer’s order placed electronically using the Website [or made by telephone].

Customer Order: 

Rose and Foxgloves's written confirmation by e-mail.

Confirmation:

An Order.

Delivery:

Delivery of the Goods by Rose and Foxgloves or its agents or sub-contractors to the Delivery Address.

Delivery Address:

The address specified by the Customer at the time of placing the Order to which the Goods are to be delivered.

Goods:

The items agreed to be purchased by the Customer from Rose and Foxgloves under the Agreement.

Payment:

Payment of the Price as set out in these Conditions.

Receipt:

The confirmation by Rose and Foxgloves of payment and delivery of the Goods sent by Rose and Foxgloves to the customer.

Price:

The price for the Goods supplied or to be provided by Rose and Foxgloves to the Customer pursuant to the Agreement and unless otherwise stated in the Agreement the price excludes the costs of carriage, packing, packaging, and VAT or other applicable taxes or duties.

Website:

Rose and Foxgloves's website at:

www.roseandfoxgloves.com

  1. Application of Conditions and Formation of Agreement

2.1 These Conditions shall apply to the sale of the Goods by Rose and Foxgloves to the Customer. Unless otherwise agreed in writing by Rose and Foxgloves, these Conditions shall together with the Order and Customer Order Confirmation constitute the entire Agreement and shall override any other terms or conditions.

2.2 Rose and Foxgloves shall sell and the Customer shall purchase the Goods at the Price and otherwise in accordance with the Agreement.

2.3 Any typographical, clerical or other error or omission (whether in relation to price, specification of Goods or otherwise) in any sales literature, internet pages, quotation, price list and other documents or information issued by Rose and Foxgloves do not form part of the Agreement. Any such error is subject to correction or alteration without any prior notice or liability on the part of Rose and Foxgloves.

No statement, description, warranty condition or recommendation contained on the Website or in any catalogue, price list or advertisement, communication or made verbally by any of the agents or employees of Rose and Foxgloves shall be construed as an offer, a representation, or term of the Agreement, warranty or term of the Agreement and will not enlarge, vary or override in any way thereof any of these Conditions.

2.4 A legally binding Agreement (the “Agreement”) shall only come into existence upon Rose and Foxgloves's acceptance of the Order (which shall occur on Delivery) and the issuing of a Customer Order Confirmation.

2.5 In the event that the Customer wishes to collect the Goods from Rose and Foxgloves such arrangement must be agreed in writing between the parties (otherwise Rose and Foxgloves will arrange Delivery) and, in such case, the relevant terms of these Conditions shall apply to any such Agreement.

2.6 Each Order shall when confirmed and together with the Conditions, constitute a separate Agreement subject to these Conditions.

2.7 Rose and Foxgloves may from time to time vary these Conditions by issuing an amended or new version but no variation will affect any concluded Agreement with a Customer as at the date of issue.

  1. Goods

3.1 Any Goods featured on the website and/or catalogue or other material are indicative samples only (which are not exact specifications) and Goods and may vary in colour.

All Goods are sold subject to availability. In the event that any Goods ordered are not available or are unlikely to be available the Customer shall be entitled at any time to cancel the Order or Agreement (if concluded) and to a refund for any payments received in respect of that order.

  1. Payment

4.1 Payment shall be made in full by the Customer at the time the Order is made and

must be made by one of the following methods:

4.2 Payment of the full Price may be made by the Customer through the Website by using the automatic secure online credit card system.

4.3Payment may also be made through Paypal .

4.4 When an Order is submitted by the Customer by one of the above methods, Rose and Foxgloves will acknowledge receipt of that Order by sending the Customer a Customer Order Confirmation either by e-mail to the e-mail address provided in the Order or to the home address provided over the telephone.

Such acknowledgement of receipt is not confirmation that the Order has been accepted.

4.5 Rose and Foxgloves will send a Receipt to the Customer once the Goods have been delivered [or will issue a Receipt on Delivery].

4.6 The time of Payment shall be of the essence of the Agreement.

4.7 Rose and Foxgloves shall be entitled to obtain any Customer signature or other Customer verification for payments or payment authorizations or for Customer receipts or acknowledgements as may be reasonably required under the Agreement including, without limitation, against any instalment or other payments.

  1. Price

5.1 The Price payable for the individual Goods ordered by the Customer shall be the Price detailed on the Website.

5.2 The Price will be exclusive of delivery charges and all additional charges for handling, shipping, transport, insurance, taxes, customs and duties shall be payable by the Customer in addition to the Price of the Goods. The Delivery charges to addresses within the United Kingdom shall be those charges as detailed on the Website. Any delivery or handling charges in respect of delivery addresses abroad are to be agreed between Rose and Foxgloves and the Customer.

5.3 Rose and Foxgloves reserves the right, by giving written notice to the Customer at any time prior to Delivery, to increase the Price to reflect any increase in cost to Rose and Foxgloves beyond their control.

5.4 Where the Company has provided written notification of a Price increase, the Customer shall have the right to cancel the Agreement and receive (within 30 days of written notice of cancellation) a refund of the Price without interest; provided that notice of cancellation is received by Rose and Foxgloves, in writing, within seven days of the Customer receiving notice of the increase in Price.

  1. Cancellation

6.1 Where the Goods are not made to the Customer’s own specification, the Customer may cancel the Agreement with Rose and Foxgloves at any time up to the end of the 14th working day commencing from the date the Customer received the Goods. The Customer does not need to provide any reason for the cancellation nor will the Customer have to pay any penalty.

6.2 To cancel the Order or Agreement the Customer must notify Rose and Foxgloves in writing either by post to Rose and Foxgloves, Wyegarth, Ashford rd, Bakewell, Derbyshire, DE45 1GL or by e-mail to roseandfoxgloves@gmail.com

6.3 If the Customer has received the Goods prior to the Agreement being cancelled then the Customer must send the Goods back to Rose and Foxgloves 's postal address at the Customer’s own cost and risk (except in the circumstances described in clause 6.4 below). If the Customer cancels the Agreement but Rose and Foxgloves have already processed the Goods for delivery the Customer must not unpack the Goods and the Customer must send the Goods back to the above postal address as soon as possible.

6.4 Once the Customer has notified Rose and Foxgloves of the cancellation and provided it is given within the time frame specified within clause 6.1, any sum debited from the Customer’s credit card will be re-credited to the Customer’s account as soon as possible and in any event within 30 days of the Customer cancellation PROVIDED THAT the Goods in question are returned by the Customer and received by Rose and Foxgloves in the condition they were in when delivered to the Customer. If the Customer does not return the Goods delivered or does not pay the costs of delivery, Rose and Foxgloves shall be entitled to deduct the direct costs of recovering the Goods from the amount to be re-credited to the Customer.

  1. Cancellation or substitution of Goods by us

7.1 All items in the Rose and Foxgloves catalogues and website are advertised for sale subject to availability.

7.2 Rose and Foxgloves reserve the right to cancel [or not conclude] the Agreement if one or more of the Goods the Customer has ordered was listed at an incorrect price due to a typographical error or an error in the pricing information.

7.3 If Rose and Foxgloves do cancel the Agreement they will notify the Customer by email or telephone and will re-credit to the Customer’s account, as soon as possible but in any event within 30 days of the Customer Order, any sums deducted. Rose and Foxgloves will not be obliged to offer any additional compensation for disappointment suffered.

  1. Delivery of Goods to the Customer

8.1 Rose and Foxgloves will deliver the Goods ordered to the Delivery Address. The delivery date may vary depending on the Goods ordered and any delivery date provided is an estimate only. Rose and Foxgloves will use their best endeavours to meet any delivery date specified but cannot guarantee to do so or be legally bound to do so.

8.2 Delivery will be made as soon as possible after the Order is accepted and, in any event, where Delivery is to be made to an address in the United Kingdom it will be made within 30 days of the Customer Order. Larger Goods, Goods that are made to the Customer’s own specification or Goods to be delivered abroad may take between 6 – 8 weeks to be delivered.

8.3 Rose and Foxgloves will, for United Kingdom Deliveries, arrange for all Goods to be delivered by either Parcel Force or Courier and a signature may be required upon Delivery. The cost of delivering the Goods to the Customer can be located on the Website.

IMPORTANT: TIME LIMITS FOR NOTIFICATION OF CLAIMS

  1. Rose and Foxgloves’ liability and time limits for notifying claims

9.1 Where a date has been specified for the delivery of the Goods and the Customer does not receive the Goods ordered by that date specified, Rose and Foxgloves shall have no liability to the Customer unless the Customer notifies Rose and Foxgloves of the problem in writing at the Contact Address or by e mail within 14 working days of the date specified for Delivery.

9.2 If the Delivery is of an incorrect quantity or if the Goods delivered are damaged Rose and Foxgloves shall have no liability to the Customer unless the Customer provides notification of the problem in writing at the Contact Address or by e mail within 14 working days of the date of delivery of the Goods.

9.3 If the Goods are faulty Rose and Foxgloves shall have no liability to the Customer unless the Customer notifies Rose and Foxgloves as soon as practicable after the fault is discovered.

9.4 Where the Customer notifies Rose and Foxgloves of a problem, under this clause, Rose and Foxgloves’ only obligation will be at the Customer’s option:

9.4.1 to make good any shortage or non-delivery provided  that Rose and Foxgloves have sufficient stock to enable us to do so or

9.4.2 to replace or repair any Goods that are damaged or faulty or

9.4.3 to refund to the Customer the amount paid for the Goods in question.

9.5 Save as precluded by law, Rose and Foxgloves will not be liable to the Customer for any indirect or consequential loss, damage or expenses howsoever arising out of any problem notified to Rose and Foxgloves by the Customer under these Conditions. Rose and Foxgloves shall have no liability to pay any money to the Customer by way of compensation other than to refund to the Customer the amount paid for the Goods.

9.6 The Customer must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from the Rose and Foxgloves site. Rose and Foxgloves make no representation and accept no liability in respect of the export or import of the Goods purchased by the Customer.

9.7 Notwithstanding the foregoing, nothing in these Conditions is intended to limit any rights the Customer might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit that liability to the Customer for any death or personal injury resulting from negligence.

  1. Notices

10.1 Unless otherwise expressly stated in these Conditions, all notices from the Customer to Rose and Foxgloves must be in writing and sent to the Contact Address or by email.

10.2 All notices from Rose and Foxgloves to the Customer will be sent to the Customer’s contact address or e-mail address; any changes to these Conditions will be displayed on the Website from time to time.

  1. Title and Risk in Products

11.1 Notwithstanding any other provision herein title in the Goods shall not pass to the Customer until Rose and Foxgloves have delivered the Goods to the Customer and received the full Price and any additional payments due.

11.2 Risk of, damage to or loss of the Goods shall pass to the Customer upon Delivery. Provided that where the Customer has arranged shipment/transport or the Goods are to be shipped out of the United Kingdom risk shall pass when the Goods leave the premises of Rose and Foxgloves.

  1. Events beyond Rose and Foxgloves’ Control

12.1 Rose and Foxgloves shall have no liability to the Customer for any failure to deliver Goods or any delay in doing so or for any damage or defect to Goods delivered that are caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

  1. Invalidity

If any part of these Conditions is unenforceable (including any provision in which we exclude our liability to the Customer) the enforceability of any other part of these conditions will not be affected.

  1. Third party rights

A person who is not a party to this Agreement made on these Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

  1. Governing law

The Agreement shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes.

  1. Entire Agreement

These Conditions, together with Rose and Foxgloves s’ current prices, delivery details and contact details set out the whole of the Agreement relating to the supply of the Goods.

Nothing said by any sales person on our behalf of Rose and Foxgloves should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Goods offered for sale. Save for fraud or fraudulent misrepresentation, Rose and Foxgloves shall have no liability for any such representation being untrue or misleading.

17. Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

Our rights

We reserve the right to:

  • Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
  • Change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions, then you must immediately stop using the Website.

Third party links

To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion from time to time. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for

(i) the privacy practices of such websites,

(ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or

(iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.