The Rug Club Terms and Conditions

General Terms and Conditions.



1. DEFINITIONS



The following words shall mean:

Buyer: Anybody purchasing from HD9 Ltd t/as The Rug Club

Conditions: the terms and conditions set out in this document

Contract: any contract between the Buyer and the Seller for the sale and purchase of the Goods.

Delivery Point: As stated by the buyer at the time of purchasing.

Goods: the goods that the Buyer agrees to purchase from the Seller

Price: the price for the goods including VAT (unless otherwise stated) shall be the price set out in the Seller's current price list at the date on which an order is made

Seller: HD9 Ltd t/as The Rug Club.com of 86-96 New Row, Coleraine, BT52 1EJ, Registered in Northern Ireland, Company No NI054270

Carrier: The entity (company, person, etc.) contracted by The Rug Club to perform the delivery of Goods to the Buyer

Working Day: Monday to Friday excluding bank and other public holidays



2. APPLICATION OF TERMS



2.1. The Contract shall be on these Conditions to the exclusion of any other terms and conditions.

2.2. Any order for Goods from the Buyer shall be deemed to be an offer to purchase the Goods subject to these Conditions.

2.3. No terms or conditions endorsed upon, delivered with or contained in any Seller's purchase order, confirmation of order, specification or other document shall form part of the Contract. The Conditions shall not be varied unless any agreement to vary is recorded in writing and signed by the Seller and Buyer.

2.4. No contract exists between the Buyer and the Supplier for the sale of any goods until the Supplier has received and accepted your order.

2.5. An acceptance of your offer to buy the goods will be sent shortly after your order. However, we do have the right to terminate the contract in the event that the goods are unavailable, mis-priced or cleared funds are not received.

2.6. The contract is subject to your right of cancellation (see below).

2.7. The Buyer warrants that all the details in the order are complete and accurate.

2.8. The Conditions shall apply to the sale of all Goods. Save as has been specifically provided for in the Conditions, any representations relating to the Goods shall not be effective unless expressly agreed in writing and signed by both the Seller and the Buyer.



3. THE GOODS



3.1. The Buyer acknowledges that they have entered into the Contract as a result of their inspection or knowledge of the Goods and not in reliance upon any description given by the Seller.

3.2. All drawings, descriptive matter, specifications and advertising issued by the Seller are issued or published for the sole purpose of giving an approximate idea of the Goods described in them and shall not form part of the Contract.

3.3. Stock availability information on the website is the latest updated record but may not be totally current and does not guarantee that stock is available.



4. TITLE AND RISK





4.1. Title and ownership to the Goods shall not pass from the Seller to the Buyer until the Seller has received the Price in full together with all other sums payable by the Buyer to the Seller.

4.2. The Goods shall be at the risk of the Seller up until it gives notice that the Goods are available for delivery and thereafter they shall be at the risk of the Buyer.



5. PAYMENT



5.1. All invoices are payable without discount of any kind in pounds sterling within 7 days of the date of the invoice.

5.2. If the Buyer fails to pay the invoice by the due date and without prejudice to any rights of the Seller, the Buyer shall:

5.2.1. forfeit any discount given in that invoice or in any other way agreed; and

5.2.2. pay interest on any overdue amount from the date on which payment was due to the date of actual payment (whether before or after judgement) on a daily basis at a rate of Interest over the base from the time quoted by the HSBC Bank and reimburse to the Seller all costs and expenses (including legal costs) incurred in the collection of any overdue amount.

5.3. The Buyer shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, abatement or otherwise unless he/she/it/they has/have a valid court order requiring an amount equal to such deduction to be paid.

5.4. Until the Seller is in possession of cleared funds, the Buyer shall not be deemed to have made a payment.

5.5. If the Buyer does not make payments as required, the Seller may terminate the Contract.



6. QUALITY



6.1. If the Seller is not the manufacturer of the Goods, it shall transfer the benefit of any warranty or guarantee that it has been given.

6.2. The Buyer accepts that he/she/it/they buys or is deemed to buy the Goods as seen and in the condition they are at the time the order is placed.

6.3. The Seller warrants that the Goods shall be:

6.3.1. of satisfactory quality within the meaning of the Sale of Goods Act 1979; and

6.3.2. reasonably fit for their purpose.

6.4. If any of the Goods do not conform with the warranty in condition 6.3, the Seller shall collect the Goods and may:

6.4.1. replace the Goods or any defective part; or

6.4.2. refund the price of such Goods.

6.5. If the Goods supplied to the Buyer are damaged on delivery, the Buyer should notify the Seller in writing within 2 days.

6.6 If the Goods supplied to the Buyer a defect while under warranty or the Buyer has any other complaint about the goods, the Buyer should notify the Seller in writing as soon as possible, but in any event within 2 days of the date the Buyer discovered or ought to have discovered the damage, defect or complaint.

6.7. The Seller shall deliver any repaired or replacement Goods to the Buyer's premises.

6.8. The Seller's liability for breach of warranty as set out in clause 6.3 shall be limited to complying with condition 6.4 and shall not have further liability.



7. YOUR RIGHT OF CANCELLATION



7.1 Non-made-to-order goods: The Buyer has the right to cancel the contract at any time up to the end of 7 working days after the Buyer receives the Goods (see below). Goods must be returned unused, undamaged, in their original packaging and marketeable. The Buyer will be liable for carriage fees incurred by the seller. Any non made-to-order goods may be cancelled prior to dispatch but will incur a 20% restocking fee.

7.2 Made-to-order goods: Orders for made-to-order goods may only be cancelled if work on the product has not yet begun. An administration charge of £30 will apply in the event of cancellation. Under some circumstances and at our discretion we might accept the return of made-to-order goods. In these cases a minimum restocking fee of 20% will be applied.

7.3 To exercise the Buyer right of cancellation, the Buyer must give written notice to the Seller by hand or post giving details of the Goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.

7.4 Except in the case of faulty or misdescribed goods, if the Buyer exercises their right of cancellation after the goods have been delivered to the Buyer , the Buyer will be responsible for returning the goods to the Seller at the Buyers own cost. The Buyer must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or misdescribed goods the Seller shall, after receiving notification in accordance with clause 6.5 or 6.6, either collect the goods from the Buyer or ask the Buyer to return the goods and possibly refund the Buyer reasonable postage costs.

7.5 Once the Buyer has notified the Seller that the Buyer is cancelling the contract, the Seller will refund or re-credit the Buyer within 30 days of the return of goods for any sum that has been paid by the Buyer or debited from the Buyers credit card for the goods.

7.6 Except in the case of faulty or misdescribed goods, if the Buyer does not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.



8. LIMITATION OF LIABILITY



8.1. The Seller shall not have any liability to the Buyer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory or other duty on the part of the Seller or in any other way out of or in connection with the performance or purported performance of or failure to perform the contract except:

8.1.1. for death or personal injury resulting from the Seller’s negligence; and

8.1.2. as expressly stated in these conditions.

8.2. The Seller shall not be liable for any defect arising from any design or specification provided or made by the Seller or if any adjustments, alterations or other work has been done to the Goods by any person except the Seller or its authorised agent.

8.3. The Seller shall not be liable where any Goods are lost or damaged in transit. All claims by the Buyer shall be made against the carrier.

8.4. The Seller shall not be liable for any loss incurred by the delayed delivery or failed delivery of goods caused by the carrier. All claims by the Buyer shall be made against the carrier.

8.5. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by sections 12, 13, 14 or 15 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract. .



9. ASSIGNMENT



9.1. The Seller may sub-contract the performance of any of its obligations under the Agreement to any parent, subsidiary or associated Company (as the terms are defined under Section 736 of the Companies Act 1985) but the sub-contracting shall not relieve it of any liability under the Contract.

9.2. The Seller and the Buyer shall not assign, delegate or otherwise deal with all or any of their rights and obligations under the Contract provided always that the Seller may assign the benefit or the burden of the Contract in whole or in part to any holding or subsidiary company of itself and any subsidiary or holding company of any such holding company and give notice thereof to the Buyer.



10. FORCE MAJEURE



If the performance of the Contract or any obligation under it is prevented, restricted, or interfered with by reason of circumstances beyond the reasonable control of the Seller and it gives prompt notice to the Buyer, the Seller shall be excused from the performance to the extent of the prevention, restriction, or interference, but the Seller shall use its best endeavours to avoid or remove the causes of non-performance and shall continue performance under the contract with the utmost dispatch whenever the causes are removed or diminished.



11. GENERAL



11.1. Each right or remedy that the Seller and the Buyer has under the Contract is without prejudice to any other right or remedy that may exist.

11.2. In the event that any provision of the Contract is declared by any judicial or other competent authority to be void, voidable, illegal, or otherwise unenforceable or if an indication to that effect is received by either the Buyer or the Seller from any competent authority, the Buyer and the Seller shall amend that provision in such reasonable manner as achieves the intention without illegality.

11.3. If the Seller or the Buyer:

11.3.1. fails or delays to exercise any right or remedy, it shall not operate as a waiver of it; and

11.3.2. partially exercises any right or remedy, neither of them shall be precluded from further exercising the right, remedy or other power.

11.4. Any waiver of a breach of any provision of the Contract shall not:

11.4.1. be deemed to be a waiver of any subsequent breach or default; and

11.4.2. affect the other terms of the Contract.

11.5. This contract shall be governed by and construed in all respects in accordance with Northern Ireland law. In relation to any legal action or proceedings to enforce the contract or arising out of or in connection with the contract, the Buyer and the Seller irrevocably submits to the jurisdiction of the Northern Ireland courts and waives any objection to proceedings in the courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum.



12. NOTICES



12.1. Any notice to be given under the Contract shall be:

12.1.1. delivered personally;

12.1.2. sent by first class prepaid recorded delivery or registered post; or

12.1.3. by fax or;

12.1.4. by email.

12.2. A notice shall be deemed and served as follows:

12.2.1. if personally delivered, at the time of delivery;

12.2.2. if posted, within 48 hours of posting or in the case of airmail seven days after the envelope was delivered into the custody of the postal authorities; and

12.2.3. if sent by fax or email, the time of transmission.



13. Prices and Promotions

13.1. On occasion, the prices payable and promotions offered in respect of goods advertised on the Website may differ from those prices and promotions offered at the same time in The Rug Club stores. We are under no obligation to honour any in-store price or promotion in the event that they differ from those on the Website. Similarly, The Rug Club stores are under no obligation to honour any Website price or promotion in the event that they differ from those in-store.

13.2. Although we endeavour to ensure that all pricing information on the Website is accurate, occasionally an error may occur and goods may be mispriced. If we discover a pricing error we will, at our discretion, either: contact you and ask you whether you wish to cancel your order or continue with the order at the correct price; or notify you that we have cancelled your order. We will not be obliged to supply goods at the incorrect price.

13.3. Prices that are reduced for sales and promotions are only valid for the specified period.

13.4. We reserve the right to adjust prices, offers, goods and specifications of goods on the Website at our discretion at any time before (but not after) we accept your order.