Sales and Enquiries +44(0)1347 869 100
Kilburn, York, North Yorkshire YO61 4AH
Terms and Conditions of Sale
1. THESE TERMS
1.1 Please read these terms carefully before you place your order. 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.
1.2 If you are buying products over the telephone rather than from our show room, clause 6 will apply.
1.3 If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Robert Thompson’s Craftsmen Limited a company registered in England and Wales. Our company registration number is 00497099 and our registered office is at Kilburn, Coxwold, York, North Yorkshire, YO61 4AH. Our registered VAT number is 169223749.
2.2 You can contact us by telephoning our customer service team at 01347 869 100 or by writing to us at firstname.lastname@example.org or Robert Thompson’s Craftsmen Limited, Kilburn, York, North Yorkshire YO61 4AH.
2.3 If we have to contact you about your order, 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 Your order with us should be placed in writing (unless made over the telephone) and accompanied by a deposit via Cheque, BACs payment or Cash ONLY. Credit/ Debit Card deposits NOT accepted. (see clause 7 below).
3.2 Our acceptance of your order will take place when we confirm the order in writing, at which point a contract will come into existence between you and us.
3.3 If we are unable to accept your order, we will inform you of this in writing and will refund your deposit and any other monies which you have paid. This might be because we have identified an error in the price or description of the product, because we are unable to source the required materials from our suppliers or because we are unable to meet a delivery deadline which you have specified. In addition to this, we may at our absolute discretion refuse to supply any products to any customer and will notify you in writing if this is the case.
3.4 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. OUR PRODUCTS
4.1 The images of the products in our brochure and on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours or the printed pictures in our brochure accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 English oak (Quercus Robur) is a natural product and so will display a certain amount of variation in colour, grain and texture. This means that no two products will be exactly alike and some products will contain natural markings from the wood which will be visible either at the time of delivery or following polishing. This is part of the unique nature of our products and we will not accept product returns on the basis of such variations and markings.
4.3 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 or in our catalogue or brochure have a 2% tolerance.
4.4 If we are making the product to measurements that you have given us, you are responsible for ensuring that these measurements are correct.
5. THE ORDER PROCESS AND YOUR RIGHTS TO MAKE CHANGES
5.1 Following an enquiry, we will usually produce a quote for you together with some sketches if required. If you are happy with the quote we will ask you to place your order (and pay your deposit via Cheque, BACs payment or Cash ONLY. Credit/ Debit Card deposits NOT accepted.- please see clause 7 below).
5.2 If after placing your order you decide that you want to cancel and we have already produced plans and sketches, we will (unless clause 6 applies) charge an administration fee of £50 for the time which we have incurred.
5.3 If you wish to make a change to the product when you have placed your order, please contact 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 for delivery 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.
6. DISTANCE SALES
PLEASE READ THIS CLAUSE CAREFULLY IF YOU ARE PURCHASING PRODUCTS OVER THE TELEPHONE AS YOU WILL HAVE ADDITIONAL LEGAL RIGHTS AS SET OUT BELOW. IF YOU ORDER PRODUCTS IN PERSON AT OUR SHOWROOM THIS WILL NOT APPLY.
6.1 Exercising your right to change your mind (Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013). For most products bought over the telephone, you have a legal right to change your mind within 14 days and receive a refund. These rights are explained in more detail in this clause 6.
6.2 Where the right does not apply. The right to change your mind described above will not apply for bespoke products which have been made to your specification.
6.3 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the products, unless your products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.
6.4 How to tell us that you have changed your mind. Please let us know by doing one of the following:
6.4.1 Phone or email. Call customer services on 01347 869 100 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
6.4.2 By post: simply write to us at Robert Thompson’s Craftsmen Ltd, Kilburn, York, North Yorkshire YO61 4AH.
6.4 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 either return the products in person, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01347 869 100 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 return the goods within 14 days of telling us you wish to end the contract.
6.5 When we will pay the costs of return. We will pay the costs of return:
6.5.1 if the products are faulty or misdescribed; or
6.5.2 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. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
6.6 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.
6.7 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.
6.8 Deductions from refunds. If you are exercising your right to change your mind:
6.8.1 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.
6.8.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
6.9 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:
6.9.1 if we have not offered to collect the products, 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 6.5; and
6.9.2 in all other cases, your refund will be made within 14 days of your telling us you have changed your mind
7. YOUR DEPOSIT
When you order large items, we will require a deposit via Cheque, BACs payment or Cash ONLY, usually of 10% of the price of your order, before your order can be accepted. We may require a greater deposit for higher value and/or bespoke items. Except where indicated below, this deposit is non-refundable. Credit/ Debit Card deposits NOT accepted.
8. PRICE AND PAYMENT
8.1 The price of the product will be the price set out in our price list in force as at the date of your order unless we have agreed another price in writing. We take all reasonable care to ensure that the price advised to you is correct. However please see clause 8.5 for what happens if we discover an error in the price of the product you order.
8.2 We will inform you at the time of your order whether payment of the remainder of the price of your order will be required at the time of order or prior to delivery. If payment is to be made prior to delivery, we shall debit your credit or debit card or send you an invoice which shall be payable on the date of the invoice. We accept payment by Visa debit and credit, Mastercard debit and credit and UK Electron. You must pay for the products (including delivery) before we dispatch them.
8.3 Unless otherwise stated, all prices are quoted exclusive of VAT, insurance and any export duties and such charges shall be added to the invoice. If the rate of VAT changes between your order date and the date of our final invoice, we will adjust the rate of VAT that you pay, unless you have already paid for the product (including delivery costs) in full before the change in the rate of VAT takes effect.
8.4 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 in our price list, 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 terminate the contract, refund you any sums you have paid and require you to return the product at our expense.
8.5 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 5% 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. 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.
9.1 We will notify you of the costs of delivery during the order process.
9.2 During the order process we will let you know when we will provide the products to you. Please note that some of our larger products can take up to six or seven months to produce. If our delivery 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.
9.3 If you have asked to collect the products from our premises, you can collect the products from us. For larger items, please contact us to arrange collection. We usually ask that you collect products between Monday and Friday during our usual business hours.
9.4 If we arrange delivery to you and no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or in the case of smaller items, collect the products from a local depot.
9.5 If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collection from a delivery depot 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 or collection within 30 days of the initial delivery date or the date on which we informed you that the products were ready for collection, we may end the contract and clause 10.2 will apply.
9.6 You have legal rights if we deliver any products late. If we miss an agreed delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
9.6.1 we have refused to deliver the products;
9.6.2 delivery within the mutually agreed delivery deadline was essential (taking into account all the relevant circumstances); or
9.6.3 you told us before we accepted your order that delivery within the agreed delivery deadline was essential.
9.7 If you do not wish to treat the contract as at an end straight away, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
9.8 If you do choose to treat the contract as at an end for late delivery, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to for the cancelled products and their delivery. If the products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.
9.9 The products will be your responsibility from the time we deliver the product to the address you gave us or you or you collect them from us. You own the products once we have received payment in full.
9.10 If you do not pay us for the products when you are supposed to and you still do not make payment within 21 days of us reminding you that payment is due, delivery of the products shall be delayed until you have paid us the outstanding amounts.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract for a product at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due and you still do not make payment within 21 days of us reminding you that payment is due; or
10.1.2 you do not allow us to deliver the products to you or collect them from us within 30 days of our initial attempt to deliver them to you or the date on which we notify you that the products are ready for collection.
10.2 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 (excluding your deposit) but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract including an administration fee of £50.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 You can contact us by telephoning our customer service team at 01347 869 100 or by writing to us at email@example.com or Robert Thompson’s Craftsmen Limited, Kilburn, York, North Yorkshire YO61 4AH. Alternatively, please speak to one of our staff in-store.
11.2 See the text in Bold below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
These legal rights are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
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 cannot be repaired or replaced, then you're entitled to a full refund, in most cases.
• if you experience a fault after six months, you may still be entitled to a repair or replacement, or, if that does not work, some of your money back. This will depend on the expected life of your product and will only apply for a maximum of six years.
11.3 If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the reasonable costs of return by post or collection.
12. OUR LIABILITY TO YOU
12.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
12.1.1 losses that were not foreseeable to you and us when the contract was formed;
12.1.2 losses that were not caused by any breach on our part;
12.1.3 business losses; or
12.1.4 losses to non-consumers.
12.2 Subject to clause 11.1, any claim made by you against us in respect of losses arising as a result of any breach by us shall be limited to the value of the products.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1 We will use the personal information you provide to us:
13.1.1 to supply the products to you;
13.1.2 to process your payment for the products; and
13.1.3 if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.
13.2 We will only give your personal information to third parties where the law requires us to do so.
14. OTHER IMPORTANT TERMS
14.1 Intellectual property. All intellectual property rights in the designs of any products supplied to you or displayed in our catalogue or on our website (including but not limited to our Mouse logo and the tradenames Robert Thompson’s ® and Mouseman ®) shall at all times remain our exclusive property.
14.2.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 Third party rights. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 Severance. Each clause of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
14.5 No waiver. 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.
14.6 Governing law and jurisdiction. 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.