RTG Ilkley Limited trading as Room to Grow
Terms of Sale
This page tells you information about RTG Ilkley Limited trading as Room to Grow, a company registered in England and Wales with company number 08009537 and VAT number 132555234 and whose registered office at 97-99 Pegholme, Wharfebank Business Centre, Ilkley Road, Otley LS21 3JP ("we", "us" and "our") and the terms and conditions ("Terms") upon which we sell the products ("Products") listed on www.roomtogrow.co.uk (the "Website") to you. You will also find other useful information in the Delivery and Contact Us sections of the Website.
By ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it. Therefore, please read these Terms carefully and make sure that you understand them, before ordering any Products from our Website or by phone.
You should print a copy of these Terms for future reference.
We may change these Terms from time to time. Any such changes will take effect when posted on the Website and it is your responsibility to read these Terms on each occasion you order Products from us. Your continued use of the Website shall signify your acceptance to be bound by the Terms.
THE ORDER PROCESS
- All orders for Products you place via the Website or via phone will be subject to acceptance in accordance with these Terms.
- Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
- We will confirm our acceptance of your order by sending you an e-mail that confirms the order and that we accept it (the "Confirmation"). The contract between us and you will only be formed when we send you the Confirmation (the "Contract").
- All Products shown on our Website are subject to availability. If we are unable to supply you with a Product, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products and they are unavailable for a prolonged period, we will on written request refund you the full amount as soon as possible.
- If you are a consumer, you have a statutory right to cancel the Contract during the period set out below in Clause 2.2. This means that during the cancellation period, if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund (provided always that you have kept reasonable care of the Products; see Clause 2.5 and 2.6 below).
- The cancellation period will expire on the date fourteen (14) calendar days from the day after the day you receive the Products.
- To cancel a Contract during the cancellation period referred to in Clause 2.2, you must inform us of your decision to cancel by a clear statement to this effect by email at email@example.com or by post at Room to Grow, 97-99 Pegholme, Wharfebank Business Centre, Ilkley Road, Otley LS21 3JP. You may use the cancellation form set out at the bottom of these Terms but it is not obligatory. You may wish to keep a copy of your cancellation notification for your own records. When you send us your cancellation by email or post then your cancellation is effective from the date you sent us the email or posted the letter. To meet the cancellation deadline in Clause 2.2 above it is sufficient for you to send your cancellation before the cancellation period has expired.
- If you have not yet received the Products and you exercise your right to cancel the Contract in accordance Clauses 2.1 to 2.3, you will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you without undue delay and, in any event, within 14 days after of the day on which you gave us notice of cancellation as described in Clause 2.3.
- Subject to Clause 2.6, if you have received the Products and you exercise your right to cancel the Contract in accordance with the right referred to in Clauses 2.1 to 2.3, then you must return the Products to us as soon as reasonably practicable (and in any event within fourteen (14) calendar days of the date you provide us with notification of cancellation in accordance with Clause 2.3) before a refund can be processed. Unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products to us; the cost is estimated to be a maximum of £75. If you would like us to collect the Products on your behalf, we will charge a fee of £50 for doing so. You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for as part of the original transaction (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us), save that we may make a deduction from the refund for any loss in value of any Products supplied, if the loss is the result of unnecessary handling by you. In this case, 'unnecessary handling' means any handling other than what is necessary to establish the nature, characteristics and functioning of the Products. We will process the refund due to you without undue delay and, in any event, within 14 days after of the day on which we receive back from you the Product supplied or (if earlier) 14 days after the day you provide evidence that you have returned the Product.
- Please note: Where you wish to cancel a Contract in respect of a mattress and you have already received such mattress, please do not remove the original packaging from the Product. If you do remove such original packaging, your right to cancel the Contract in accordance with Clause 2.5 shall not apply and we will only accept a return, exchange and/or refund of the mattress in the circumstances set out in Clause 2.7.
- If you have returned Products to us under this Clause 2 because they are faulty or misdescribed, we will refund the price of any defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the Products to us. Please check the Products before assembling them to ensure they are not faulty and that they correspond with their description. We cannot offer any refund of the price of the Products and/or any delivery charges in respect of any fault and/ or misdescription in assembled Products that was reasonably ascertainable before assembly.
- A Product is not deemed to be faulty (and, for the avoidance of doubt, will not be covered by the guarantees in Clause 6.1 and/or 6.2 or the remedies set out in Clause 2.7) if it is a natural wood product and such Product has darkened over time and/or one or more knots in such Product are appearing and/or becoming more prominent.
- All refunds will be made using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund.
- As a consumer, you will always have statutory rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
- We have a legal duty to supply Products that are in conformity with the Contract.
- Products ordered through the Website or by phone are only available for delivery to addresses within mainland Great Britain.
- Delivery charges and estimated timescales for Delivery are as quoted in the Delivery section of the Website from time to time and will be confirmed to you in the Confirmation. We make every effort to deliver Products within the estimated timescales set out in the Confirmation, however delays are occasionally inevitable and all Products are subject to availability. Time for delivery shall not be of the essence.
- If you choose the home assembly option when ordering a Product, please check the finish, colour and quality of the Product before instructing the fitters to commence assembly. If home assembly is completed and you wish to return a Product for a reason other than a fault with the Product that was only reasonably discoverable during or following assembly, we shall deem such assembly to be 'unreasonable handling' as set out in Clause 2.5 of these Terms and we shall make a charge to you to cover the dismantling and return of the Product.
- We shall have no liability to you for any direct, indirect or consequential loss, including but not limited to, loss of profit, costs, damages, charges or expenses caused by any delay in the delivery of the Products.
- Delivery will be completed when the Products are delivered to the address you gave us in your order and as confirmed in the Confirmation.
- Risk in the Products will pass to you upon the completion of delivery and title to the Products shall pass to you once we have received payment in full, including all applicable delivery charges.
- The prices of the Products will be as quoted on the Website from time to time. We take all reasonable care to ensure that the prices of Products on the Website are correct at the time when the relevant information was entered onto the system. However, the Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
- The photography used on the Website is for illustrative purposes only and may not exactly match the Products themselves. Any major differences have been noted in the Product information.
- Where the photography shows other furnishings and items in the picture, other than the product detailed in the description, these are not included unless specifically stated in the Product information.
- Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Confirmation.
- Any promotion offered by us cannot be applied to items previously bought by you.
- The price of a Product does not include delivery charges. Our delivery charges are as quoted in the Delivery section of the Website from time to time.
- You can only pay for Products using a debit card or credit card or via PayPal. We accept the following cards: Maestro, Visa, Visa Electron, Mastercard and American Express.
- Payment for the Products and all applicable delivery charges is to be made in advance.
- The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of the Confirmation, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
MANUFACTURER GUARANTEES AND OUR PROMISE TO YOU
- We provide a guarantee in respect of the Products which is valid for 12 months from the date of purchase.
- Some of the Products we sell on the Website may come with a manufacturer's guarantee. For details of the applicable terms and conditions of such guarantees, please refer to the manufacturer's guarantee provided with the Products.
- If you are a consumer, any manufacturer's guarantee that you may receive with a Product we supply to you is in addition to your legal rights in relation to Products that are faulty or not as described and your statutory right to cancel the Contract as set out at Clause 2.
OUR LIABILITY TO YOU
- Nothing in these Terms limits or excludes our liability to you for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
- (if you are a consumer) defective products under the Consumer Protection Act 1987.
- Subject always to Clause 7.1, we shall be under no circumstances whatsoever be liable to you whether in contract, tort (including negligence), for breach of statutory duty or otherwise for any of the following (whether directly or indirectly) arising under or in connection with the Contract:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
- Subject to Clauses 7.1 and Clause 7.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise (whether directly or indirectly), shall in no circumstances exceed the price of the Product(s).
- Except as expressly stated in these Terms, we do not give any representation, warranty or undertaking in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
- This Clause does not affect your statutory rights as a consumer.
DATA PROTECTION AND SECURITY
- We use a payment service provider, SagePay, to ensure that all our customers' transaction data is kept secure at all times. All transaction information is encrypted using 128-bit SSL certificates. No cardholder information is ever passed unencrypted and any messages from SagePay are signed using MD5 hashing to prevent tampering.
- Once a transaction has been made through SagePay, all sensitive data is secured using internationally recognised 256-bit encryption standards. The data held is extremely secure and SagePay are regularly audited by the banks and banking authorities to ensure it remains so.
- RTG Ilkley Limited do not hold any card details. For orders placed over the phone all details are either entered directly into SagePay's terminal and encrypted as above, or are written down, entered into SagePay's terminal and shredded immediately after entry.
- SagePay and RTG Ilkley Limited are complaint under the Payment Card Industry Data Security Standards (PCI DSS) and regulated by Trustwave, an independent Qualified Security Assessor and an Approved Scanning Vendor for the payment card brands.
- RTG Ilkley Limited are certified PCI DSS Compliant (certificate no. E5F3-A6B1-AD44-2428).
- All rights, including copyright, image rights and intellectual property rights in respect of the Website and/or the Room to Grow brand are owned by or licensed to us.
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any act or event beyond our reasonable control, including without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster (Force Majeure Event).
- If a Force Majeure Event takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you of the Force Majeure Event; and
- our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event. Where a Force Majeure Event affects our delivery of Products to you, we will arrange a new delivery date with you after the Force Majeure Event is over
- If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post, using the address you provided to us in your order. If you should need to contact us at any time, please call us on on 0333 006 3096, e-mail us at firstname.lastname@example.org or write to us at Room to Grow, 97-99 Pegholme, Wharfebank Business Centre, Ilkley Road, Otley LS21 3JP.
- The Contract is between you and us. No other person shall have any rights to enforce any of its terms under the Contracts (Rights of Third Parties Act) 1999.
- If any provision of the Contract is held invalid, illegal or unenforceable by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if the Contract had been executed with the invalid, illegal or unenforceable provision eliminated.
- Any failure or delay by us in enforcing or partially enforcing any of our rights or remedies under the Contract will not be construed as a waiver of any of our rights under the Contract and shall not prevent us from later asserting such rights.
- The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by and construed in accordance with the laws of England and Wales and we each agree to submit to the exclusive jurisdiction of the English courts in all matters relating to the Contract (whether contractual or otherwise).
To RTG Ilkley Limited trading as Room to Grow, 97-99 Pegholme, Wharfebank Business Centre, Ilkley Road, Otley LS21 3JP, with email address email@example.com:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods:
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate.