Rotherwood FurnitureRotherwood FurnitureRotherwood Furniture

Terms and Conditions

Welcome to the Rotherwood Furniture website terms and conditions for use. These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website

Definitions
"Conditions" means these terms and conditions; "Product" means a product displayed for sale on the Website; "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided; "Users" means the users of the Website collectively; "Personal Information" means the details provided by you on registration; "We/us" means Rotherwood Furniture; "Website" means the website located at www.rotherwoodfurniture.co.uk or any subsequent URL which may replace it; "Cookies" means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer; "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and "You” means a user of this website.
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

Registration
You warrant that:

Privacy Policy
We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We may also collect, and our third party providers of advertisements and content may collect, information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website ("User Information"). We may collect this information even if you do not register with us. You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service
We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following purposes:

You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
Your personal information may be disclosed to other businesses within Rotherwood Furniture Ltd and to reputable third parties who will help process your order. Rotherwood Furniture requires all such third parties to treat your personal information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation from time to time in place. We will not release your Personal Information to any company outside of Rotherwood Furniture for mailing or marketing purposes. You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information we are entitled do so.

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.
Please check back frequently to see any updates or changes to our privacy policy. Questions regarding this Policy should be directed to the Head Office of Rotherwood Furniture as follows:
Attn:
Customer Services
Rotherwood Furniture
Head Office
10 Beresford Terrace
Ayr KA7 2EG

Our Rights
We reserve the right to:

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. 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.

Orders
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

Contract Creation and Electronic Contracting
The technical steps required to create the contract between you and us are as follows:

Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with the our terms & conditions. Non-acceptance of an order may be a result of one of the following:

The contract will be concluded in English.

Contract Cancellation
Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right no longer than seven working days after the day on which you receive the products. Exceptions to the right to cancel: goods made to the customers own specification (this does not affect your statutory rights in the event of faulty goods). If you wish to exercise your right to cancel this contract prior to order despatch, please E-mail
rotherwoodfurniture@tiscali.co.uk

Order Times
We normally quote 10-12 weeks approximately for delivery. Lead times quoted as based upon those quoted by our suppliers. We endeavour to work within these times but we are unable to make guarantees in this respect. Time is not the essence of the contract.

Description of Products
Each product purchased is sold subject to its product description which sets out additional specific conditions related to that product including, without limitation, terms and conditions concerning estimated delivery times and after-sales service. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the website as up to date as possible, the information including product descriptions appearing on this website at a particular time may not always reflect the position exactly at the moment you place an order.

Matching Finishes
Orders may consist of a number of items manufactured by different suppliers and colour matching will not be achieved in such instances.
Where orders are made up of products from a single manufacturer, we will endeavour to supply items with a close a colour match as possible
However where products are made from natural material, Rotherwood Furniture Ltd will not guarantee a match and accept no responsibility for doing so. When merchandise has been ordered at different times we are unable to guarantee a precise colour match.

Payment
All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the products ordered plus delivery charges as set out in the delivery section of this Website. Payment can be made by any of the methods specified in the payment section of this website and payment will be debited and cleared from your account once a delivery date has been agreed. You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.

Refusal of Transaction
We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this website whether or not that product has been sold; removing or editing any materials or content on the website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun. To be eligible to purchase products on this website and lawfully enter into and form contracts on this website under English law you must:

By making an offer to buy a product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

Returns
Returns should be made in the original, undamaged packaging, and we reserve the right to withhold a percentage of the refund value of returned goods if the product or packaging is in such a condition that the item needs to be reduced in price for resale.

Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Compliance with laws
The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.

Limitation of Liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. The website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:

Severance
If any part of the conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the conditions and shall not affect the validity and enforceability of any of the remaining provisions of the conditions.

Suffered or incurred by that party arising out of or in connection with the provisions of any matter under the conditions. Nothing in the conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival
Each provision of the conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire Agreement
These conditions govern our relationship with you. Any changes to these conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Rotherwood Furniture and you are expected to do. You confirm that, in agreeing to accept the conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the conditions.

Deliveries - Mainland UK
Deliveries will be chargeable at £50 per delivery. Contact will be made prior to your goods being despatched confirming the date and time. Deliveries can only be made to one address for each purchase made.
We deliver to Mainland UK only!
Please note: Please confirm with the delivery team that they have the telephone number on which you may be reached on the delivery day itself. In the event that you forget to be in to receive your delivery, we regret that making a subsequent visit to you to make delivery will be chargeable. Please note: Although we aim to be as flexible as possible to accommodate your needs, owing to the volume of deliveries and the truck routing, please be aware that it may not necessarily be possible to be in your area on your chosen day or time.

Unable to Accept Delivery
Once we confirm receipt of your order, we ask that you take delivery within 14 days of the latter of the due date quoted to you at the time of ordering or the date of arrival into our warehouse. Should you be unable to accept delivery, your order can then be stored by us on your behalf.
(Our storage service is currently chargeable at the rate of £28 plus VAT per item per calendar month. Any storage charges applied are payable to us prior to delivery.)

Highlands & Islands (Scotland)
We currently work with a number of distribution companies who specialise in delivery to the Highlands & Islands (Scotland).
The cost of delivery is dependant on size and weight of the order. A quotation will be provided at point of order. Please note that some of these companies only offer a one man delivery and the service does not include unpacking and building of the furniture if necessary. i.e. beds & wardrobes.

Delivery Service
Our delivery service includes placing your item where you want it to go and the delivery crew set everything up for you. If you choose not to allow the delivery team to un-package your order no subsequent claims can be made for damage.
Once the successful delivery has been made you will be asked to sign for your purchase. Before signing you are asked to inspect the furniture thoroughly to ensure it is pristine condition and there are no signs of transit damage or faults.
Once satisfied please sign accordingly. Should you find any such marks, please make necessary comments on the goods received note. Should you delegate this responsibility to another person, please ensure this information is passed on.
REMEMBER - it is very difficult to pursue claims once a clear signature has been obtained.
We ask that you ensure any items which may obstruct delivery or placement of your furniture are removed prior to our crew arriving.

Access
We can not be held liable for any difficulties getting your furniture into your home or room of choice. Please ensure the dimensions of your purchase are suitable for your home, office or other intended environment and that it is practical to complete the delivery. PLEASE MEASURE THE ACCESS AND ROOM BEFORE YOU PLACE YOUR ORDER!

Returns
Returns should be made in the original, undamaged packaging, and we reserve the right to withhold a percentage of the refund value of returned goods if the product or packaging is in such a condition that the item needs to be reduced in price for resale.
To return or exchange a product you may do so within 7 days of the date of delivery. The product you wish to return must be in a saleable condition in its original undamaged packaging, and we will consider the overall condition of the product being returned when making a refund, (this does not affect your statutory rights in the event of faulty goods). Returns can be made via Rotherwood Furniture. We would make the necessary arrangements for collection with a charge of up to £250 being made.
With the exception of faulty merchandise, for hygiene and safety reasons we cannot accept the return of certain items which have been opened and used which includes mattresses and pillows. We will refund the price of the item to the purchaser or exchange it as soon as it is received by us. This will usually reach your account within 7 working days. Timing will however depend on the speed with which your credit/debit card company process the credit. A refund of the delivery charges will only be given in the instance of incorrect, damaged or faulty goods.
Goods made to customers own specifications cannot be returned, (this does not affect your statutory rights in the event of faulty goods).