Terms & Conditions of Sale
1. Introduction
1.1 ‘Bespoke Work’ means any work, service, or Goods you may ask us to design and create for you, which is subject to the additional conditions in clause 6.
1.1.1 ‘Design Brief’ means the detail you provide from which we will create a design.
1.1.2 ‘Design’ means the design you have approved and agreed In Writing to us from which we will create your Bespoke Work.
1.1.3 ‘Design Adjustment’ means an agreed change to the Design.
1.2 ‘Business Day’ means a day other than a Saturday, Sunday or public holiday, when banks in London are open for business.
1.3 ‘Carrier’ means a company such as Royal Mail and UPS.
1.4 ‘Conditions’ means this document which informs you of the terms and conditions upon which you agree to be bound at the time you order Goods from us and by which we will sell to you.
1.5 ‘Contract’ means the Contract entered into when you accept our Order Confirmation In Writing.
1.6 ‘Customer’, ‘you’, and ‘your’ means the person, firm or company which orders Goods from us.
1.7 ‘Delivery’ is defined in clause 11.3.
1.8 ‘Event Outside Our Control’ has the meaning given in clause 21.
1.9 ‘Goods’ means any services, products or Bespoke Work provided by us.
1.10 ‘In Writing’ means sent in accordance with clause 24.
1.11 ‘Order Confirmation’ means the Order Confirmation we send to you In Writing on receipt of your order.
1.12 ‘R&R’, ‘we’, ‘us’, and ‘our’ means Roelofs & Rubens.
1.13 ‘Website’ means our website or social media or any other means.
1.14 ‘Working Hours’ means those hours between 0900 and 1700 during a Business Day.
2. About us
2.1 We trade as Roelofs & Rubens and our place of business is 2 Malthouse Farm Cottage, West Woodhay, Newbury, Berkshire, RG20 0BJ. Our telephone number is 01488 668154 and our email address is info@roelofsrubens.co.uk
2.2 We are not VAT registered so do not charge VAT.
3. About our Goods
3.1 Our Website, catalogue, brochure and other communications, illustrate our Goods. Please bear in mind that your computer is unlikely to display colours accurately so you may find differences when you receive the Goods.
3.2 Due to the very nature of our production technique (for example, see this video) no two pieces are the same. Goods will experience slight variations and being ceramic, may show signs of glaze crazing over time.
3.3 We may make minor changes to our Goods to improve them or to comply with relevant laws and regulatory requirements.
3.4 We reserve the right to change any of our Goods, their prices, specifications and availability without notice.
3.5 Every effort is made to keep information regarding stock availability on the Website up to date. However, we cannot always guarantee that this is the case.
3.6 We hold and own the intellectual property rights as detailed in clause 14.
3.7 We may request reviews from you unless you specifically instruct us not to In Writing.
4. Eligibility to purchase from the Website
4.1 To be eligible to purchase Goods from the Website and lawfully enter into and form a Contract with us, you must be 18 years of age or over.
5. Price
5.1 The prices of the Goods are as stated on the Website in GBP (British pound sterling).
5.2 Unless otherwise stated, the cost of delivery within UK, Europe, or World zones 1, 2 and 3 of the A-list countries as specified by the Royal Mail Lists, is included.
5.3 Any additional cost of delivery to other countries will be advised to you when we send you our Order Confirmation.
5.4 There are some countries to which Delivery cannot be made. If this applies to your order we will advise you when you place your order.
6. Bespoke Work
6.1 Bespoke Work is subject to the additional conditions detailed in this clause 6.
6.2 To avoid confusion and potential additional costs, you must nominate one person (Nominee) to liaise with us during normal Business Day working hours and we will nominate one R&R person to liaise with your Nominee.
6.3 Your Nominee must provide us with a Design Brief, together with any drawings, photographs, documentation, correct measurements or other detail necessary for us to create a design. You warrant that you have the right for us to use the detail contained in your Design Brief and you will hold us harmless against any subsequent claim.
6.4 Upon receipt of your Nominee’s Design Brief we will provide you with a fixed fee In Writing for its creation, including Delivery.
6.5 When you accept our fee In Writing, the Contract between us is made.
6.6 Your Nominee must have full power and authority to work with us and to incur any additional costs associated with a Design Adjustment.
6.6.1 If your Nominee requests a change to the design, we will send you a Design Adjustment and any additional cost.
6.6.2 Acceptance of a Design Adjustment must be made In Writing by you.
6.7 Upon us accepting your Design Brief, we will send you a quotation.
6.7.1 Upon receipt of your payment of 50%, the process begins. Following various iterations and alterations we will send a Design.
6.7.2 When you accept our Design In Writing the remaining 50% is due by return. Production will not begin until payment has been received.
6.7.3 Any additional costs associated with a Design Adjustment which you accept In Writing must be paid in full by return. Production will not continue until any and all payments have been received.
6.8 Invoices for bespoke Work will indicate how payment can be made.
6.9 You are responsible for any building work connected to fitting the Bespoke Work.
6.10 Due to the very nature of our production technique, we refer you to clause 3
6.11 You allow us to use your Bespoke Work for marketing purposes.
6.12 Bespoke Work is provided ‘as is’ without warranty of any kind and no payments received for Bespoke Work are refundable.
6.13 We will not copy the Design for another Customer but we reserve the right to use a variant of it.
6.14 The intellectual property in Bespoke Work remains ours and we refer you to clause 14.
6.15 If any term in this clause 6 is contrary to terms in other clauses, the term in this clause will take precedent.
7. Overseas orders
7.1 With reference to clause 5, we will inform you of the estimated delivery costs after you have placed your order for which we need to know your full address including the post code, country and a contact telephone number. If you accept these costs you must confirm your acceptance In Writing within 10 Business Days of us telling you what they will be. If we do not receive this confirmation we will treat your order as being cancelled.
7.2 If delivery costs subsequently increase we will advise you In Writing at which point you will have the choice of accepting the increase or cancelling the order.
7.3 Please note that when shipping Goods internationally, you should be aware that cross-border shipments may be subject to opening and inspection by customs authorities and may be subject to import duties and/or additional taxes or expenses incurred by local regulatory requirements or laws over which we have no control. You should contact your local customs or taxation authorities for further information before placing your order. You will be responsible for payment of any such duties and/or taxes in addition to our price and delivery costs.
8. Order process and formation of a Contract
8.1 When you order from the Website, the Contract is automatically formed.
8.2 On receipt of your order from any other means, the contract is formed when you accept our Order Confirmation In Writing. If we do not receive your acceptance In Writing, your order is automatically cancelled.
8.3 If any of the Goods are temporarily unavailable for whatever reason, including an Event Outside Our Control or because we have identified a mistake in the description of the Goods or the price stated by us, we will notify you.
8.4 A Contract between you and us is subject to the Conditions in force on the date of your order.
8.5 If you want to make any changes to the Contract, you must contact us. We will tell you if a change is possible and if there are any associated costs.
9. Payment
9.1 Payment is accepted through a payment gateway when you place an order on our Website and you consent to payment being charged to the associated payment gateway account.
9.2 We will contact you should any problems occur with the authorisation of your payment.
9.3 We cannot be held liable for any delays or non-Delivery of Goods due to failed payment authorisation.
10. Interest
10.1 Unless clause 10.2 applies, you must pay us interest on any amount you owe and have failed to pay by its due date at the rate of 3% a year above the base lending rate of the Bank of England, which will accrue and be compounded daily from the due date until the date of payment, whether before or after judgment.
10.2 We will not charge you interest
10.2.1 for the period of dispute in respect of an invoice which you dispute in good faith, provided you have advised us In Writing within 24 hours of receiving it, detailing your reasons.
10.2.2 If the dispute is found to be unfounded, the period in 10.2.1 will be charged.
11. Delivery
11.1 Delivery can only be made if all outstanding monies have been paid in full.
11.2 Unless otherwise advised In Writing, Delivery is within 14 Business Days from the date of your payment being received.
11.3 Delivery is deemed to occur when we physically hand the Goods
11.3.1 to the Carrier responsible for delivering to Goods to you, or
11.3.2 to you when you collect the Goods from us, or
11.3.3 to you when we attempt Delivery on a date previously agreed In Writing.
11.4 Goods will be delivered to the address you provided during the order process.
11.5 Any dates quoted for Delivery are approximate only. If no date has been given, Delivery will take place as soon as possible unless there is an Event Outside Our Control.
11.6 If we have agreed that you may collect the Goods from our place of business you must make the collection during Business Day Working Hours on the date agreed In Writing.
11.7 We may charge you storage costs, if
11.7.1 you do not collect the Goods on the date previously agreed In Writing, or
11.7.2 we have attempted to deliver the Goods on the date previously agreed In Writing but you have not been available to receive the Goods.
12. Risk and title
12.1 Title of the Goods will pass to you when we have received payment in full of any outstanding sums due.
12.2 Risk in the Goods passes to you when you have received the Goods.
13. Your account and personal information with us
13.1 Our Privacy overview can be found here
13.2 Your account and buying history will be kept on the Website. You must provide and maintain up to date information on yourself, sufficient to allow us to sell and deliver Goods to you.
14. Intellectual Property
14.1 We own the intellectual property in connection with our Goods, whether Bespoke or otherwise, which includes but is not limited to, title, design, artwork and any derivatives thereof, together with any interest in the copyright.
14.2 Without our express permission In Writing, you may not reproduce, create variations of, or in any way exploit the detail contained in 14.1, nor can you use our name or logo or any other content contained within our Website or other material of ours.
14.3 You will keep confidential and will not use for your own purposes or disclose to any third party any information of a confidential nature not limited to our intellectual property and information of a commercial value, including that of any Bespoke Work.
15. Returns and refunds
15.1 On receipt of the Goods, you must examine them and let us know In Writing within 24 hours.
15.1.1 If any of the Goods you have received are not those which you have ordered. If we ask you to return them, they must be sent by Royal Mail standard delivery unless advised otherwise. We must receive them in same new condition we despatched them to you.
15.1.2 If they have been damaged by the Carrier. You must include details of the damage with photographs of the goods and their packaging.
15.1.3 Although you must pay the cost of returning any Goods, we may refund the cost where applicable and at our discretion.
15.2 We endeavour to resolve all issues as quickly as possible either by refund or replacement at our discretion.
16. Your rights to cancel the Contract
16.1 If the Goods are unwanted and you want to return them, you must let us know In Writing within 14 days after which you have a further 14 days in which to return them. The cost of return them is paid by you and we must receive them in same new condition we despatched them to you.
16.2 If you intend to cancel your Contract you must advise us of your intention In Writing. If cancellation is granted by us In Writing we will contact you to
16.2.1 provide details, In Writing, to where you must return the Goods which will be at your own cost and risk. The Goods must be received by us within 5 Business Days, or
16.2.2 we may offer to collect the Goods from you for which we will charge. The details we agree with you will be confirmed In Writing.
16.3 You will not have the right to cancel the Contract if the Contract is for Bespoke Goods or Goods which have been personalised or if the price originally agreed is subject to fluctuations in the financial market which cannot be controlled by us.
17. Complaint
17.1 If you have a comment, concern or complaint about any of the Goods you have purchased from us, you must contact us within 24 hours of receipt. We may ask you to confirm the issue In Writing.
17.2 We endeavour to resolve all issues as quickly as possible.
18. Liability and indemnity
18.1 You are purchasing the Goods as a consumer.
18.2 We will not be liable for any loss where the failure is by reason of acts of God, war, hostilities, civil disturbance, government restriction, strikes of industrial disputes, fire, flood, inclement weather, pandemic, acts or omissions of Government or any department thereof, or of third parties or any other cause whatsoever beyond our reasonable control.
18.3 We have a duty to supply Goods to you that conform to the Contract including a duty to ensure that the Goods are as described in the Contract and correspond to any samples we have sent you and that the Goods are not faulty.
18.4 We cannot exclude our liability for a failure to comply with these duties mentioned in this clause 16. Nothing in these Conditions affects your legal rights if we do not comply with these duties. You can obtain advice about your legal rights from Citizens Advice if you need to.
18.5 We cannot exclude or limit our responsibility to you for death or personal injury resulting from our negligence or the negligence of our employees, fraud or fraudulent misrepresentation, defective Goods.
18.6 We will not be responsible for any delay in Delivery of the Goods if we have asked you to provide specified information that is necessary for delivering them or if you have failed to provide complete and accurate information or you have provided such information later than the date by which we have asked you to supply it.
19. Our rights to terminate the Contract
19.1 We reserve the right to terminate any Contract at any time
19.1.1 if you fail to make any payment to us when due and you continue not to make payment within 10 Business Days of us reminding you that payment is due, or
19.1.2 if you fail to meet the timeline we had already advised In Writing for Bespoke Work, unless a revised timeline is agreed In Writing with you paying any additional costs, immediately.
19.1.3 if you commit a breach of any of these Conditions or if you file for bankruptcy, enter administration or go into liquidation; or if you are an individual or a partnership and you or a partner dies.
20. Our right to refuse an order
20.1 We reserve the right to refuse to accept an order at our discretion without reason.
21. Events outside our control
21.1 Except for our obligations under this clause, we shall not be responsible for delays or failures in Delivery or performance of our obligations to you resulting from any act, event, omission, failure or accident outside our reasonable control.
21.2 We will take all reasonable steps to minimise a delay in performing our obligations to you which arises from an Event Outside Our Control.
21.3 We will promptly notify you of any Event Outside Our Control which prevents us from or delays us in performing our obligations to you, giving details of it and (where possible) the extent and likely duration of any delay.
21.4 Our performance will be deemed to be suspended for the period that the Event Outside Our Control continues.
21.5 You may end the Contract after we have notified you of an Event Outside Our Control and we will then refund you any money you have paid to us under the Contract for the Goods which we have been unable to deliver to you.
22. Personal data
22.1 We envisage that we will request personal information from you whilst you use our website. This information will only be requested and processed in accordance with our Privacy Policy, which can be here.
23. Third party rights
23.1 Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
24. In Writing
24.1 Any and all notices and other communications which must occur In Writing in accordance with these Conditions shall be made by delivery in person, or a nationally recognised next day courier service, or electronic mail, or signed for postal services. For the avoidance of doubt, facsimile is not to be used.
24.2 Any notice or communication required to be given In Writing to us by you shall be deemed to have been received by us if a delivery receipt is obtained.
24.3 Any notice or communication required to be given “In Writing” to you by us shall be deemed to have been delivered if sent to your address, your registered office (in the case of a company), or by electronic mail to an email address communicated to us or listed on your website.
24.4 This clause 24 shall not apply to the service of any proceedings or other documents in any legal action, or where applicable, any arbitration or recognised other method of dispute resolution.
25. Other important legal information
25.1 All Contracts are concluded in English only.
25.2 Any variation to these Conditions shall only be binding when agreed In Writing, by you and by us.
25.3 We may make changes to these Conditions resulting from changes in any relevant laws or regulatory requirements.
25.4 At any time during the term of a Contract, if we fail to insist upon strict performance of any of your obligations under the Contract or any of these Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, none shall constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
25.5 A waiver by us of any default shall not constitute a waiver of any subsequent default.
25.6 We may refuse, edit or remove a posting or review, which we deem not to relate to us or which we believe to be inappropriate.
25.7 We own and operate the domain https://roelofsrubens.co.uk/
26. Governing Law and Jurisdiction
26.1 It is accepted by you and by us that all reasonable attempts including arbitration shall be made to resolve any dispute or claim before taking legal action.
26.2 These Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
26.3 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim that arises out of or in connection with these Conditions or their subject matter or formation (including non-contractual disputes or claims). Nothing in this clause shall limit our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdiction preclude the taking of proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
26.4 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other conditions applicable to the Contract and the remainder of the conditions in question will not be affected.