1. These terms
Online Sales Terms and Conditions
1.1 What these terms cover.
These are the terms and conditions on which we supply products to you.
1.2 Why you should read them.
Please read these terms carefully before you submit your order to us. 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. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are.
We are Concept Hand Tufting Ltd a company registered established in England and Wales. Our company registration number is 02995652 and our registered office is at 9 Moat House Square, Thorp Arch, North Yorkshire, LS23 7FB. Our registered VAT number is GB 640 7808 35.
2.2 How to contact us.
You can contact us by telephoning our customer service team at 01937 845 080 or by writing to us at onlinesales@concepthandtufting.co.uk.
2.3 How we may contact you.
If we have to contact you 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 “Writing” includes emails.
When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order.
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order.
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the product.
3.3 Your order number.
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.
3.4 We only sell from our online shop to the UK.
Unfortunately, we do not deliver to addresses outside the UK. It is possible to order rugs for delivery outside of the UK using our bespoke service. Please contact us on +44 1937 845080 to find out more.
4. Our products
4.1 Products may vary slightly from their pictures.
The images of the products 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 accurately reflects the colour of the products. Your product may vary slightly from those images. 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 have a 3% tolerance.
4.2 We cannot guarantee exact matches to samples.
If you have had a sample of the product, we cannot guarantee that the colour, texture, pile depth or other aspects of the appearance of the goods will exactly match that of the sample. By proceeding with the order, you acknowledge that the goods contain natural products and accept that some variations in colour and texture are possible, and that the finishing of the goods may produce some difference in appearance from that of the samples provided. Samples provided are for guidance only and as a general indication of the nature of the goods and not so as to constitute a sale by sample.
4.3 Product packaging may vary.
The packaging of the product may vary from that shown in images on our website.
4.4 Making sure your measurements are accurate.
If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us.
4.5 Shading
We cannot accept responsibility for any “shading” that may occur during manufacture of the carpet and the Customer acknowledges that in relation to all cut pile carpets a phenomenon known as pile pressure can occur which is not a manufacturing fault and is inherent in all cut pile fabrics and is not in any way detrimental to the wear of the carpet.
4.6 Information from third parties
We cannot accept any responsibility for information provided by any third party other than where information is provided by us in relation to the products supplied by us, in particular in relation to style, pile depth, size, colour, shading or any other specific information which may be provided by such a third party.
5. Your rights to make changes
If you wish to make a change to the product you have ordered 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 of supply 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
6. Our rights to make changes
6.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product or the look/feel of the product.
6.2 More significant changes to the products and these terms.
In addition, as we informed you in the description of the product on our website, we may make the following changes to the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:
- (a) Fibre type
- (b) Pile thickness
7. Providing the products
7.1 Delivery costs.
The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products.
All of our products are made to order and time cannot be of the essence as to the delivery of our products. During the order process we will give you an anticipated date of delivery. We can provide no assurances that the anticipated date of delivery will be achieved. Further updates will be provided throughout the production process with confirmation or variation of the anticipated date of delivery. We will notify you with a fixed date of delivery within 7 days of that date. You must notify us within 48 hours of receiving notice of the fixed date of delivery if the date is not agreed and provide an alternative date of delivery not more than 10 working days after the fixed date of delivery given by us.
We will use all reasonable endeavours to deliver the Goods within the timeframe given but you shall not be entitled to refuse delivery on account of a delay.
7.3 We are not responsible for delays outside our control.
If our supply 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 (of more than 9 months), you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered.
We will liaise with you regarding the best delivery day. As most of our products are too big to use a normal courier service, if no one is available at your address to take delivery and the products cannot be posted through your letterbox, the goods may have to be returned to our warehouse and you may be charged for re-delivery.
7.5 If we cannot re-arrange delivery.
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 collect them 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 we may end the contract and clause 10.2 will apply.
7.6 When you become responsible for the goods.
A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you [or a carrier organised by you] collect it from us.
7.7 When you own goods.
You own a product which is goods once we have received payment in full.
7.8 What will happen if you do not give required information to us.
We may need certain information from you so that we can supply the products to you, for example, delivery address and any access restrictions. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- (a) deal with technical problems or make minor technical changes;
- (b) update the product to reflect changes in relevant laws and regulatory
requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 6).
7.10 Your rights if we suspend the supply of products.
We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 6 months in any 1 year period we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 9 months and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.11 If you postpone delivery of the goods
Should you postpone delivery of any item of the goods or if delivery instructions are delayed then we will arrange storage of the goods and you may be liable for the reasonable costs (including insurance) of such storage.
7.12 Laying out the rug
We will only deliver the goods to your door. You will be responsible for moving any furniture from the room where the goods are to be supplied and rolling them out/installing them.
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions (see our separate Refund Policy);
(d) In all other cases (if we are not at fault and there is no right to change your mind), see [clause 8.7 OR clause 8.8].
8.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed by more than 9 months because of events outside our control (see clause 7.3);
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 6 months; or
(e) you have a legal right to end the contract because of something we have done wrong
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) Any products where the specification has been changed from those outlined on the website for your specific requirements
8.5 How long do I have to change my mind
You have 14 days after the day you (or someone you nominate) receives the goods (more details in our separate returns policy), unless:
(i) Your goods 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 goods.
8.6 Ending the contract where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may
deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract.
To end the contract with us, please let us know by phone or email. Call customer services on 01937 845 080 or email us at onlinesales@concepthandtufting.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 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. Please call customer services on 01937 845 080 or email us at onlinesales@concepthandtufting.co.uk to arrange the return. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 (a)
When we will pay the costs of return. We will pay the costs of return. if the products are faulty or misdescribed;
if you are ending the contract because we have told you of an upcoming change
(b)
to the product or these terms, an error in pricing or description or because you have a legal right to do so as a result of something we have done wrong; or
(c) if you are exercising your right to change your mind. In all other circumstances you must pay the costs of return.
9.4 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.
9.5 How we will refund you.
We will refund you the price you paid for the products by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds if you are exercising your right to change your mind.
If you are exercising your right to change your mind, we may reduce your refund of the price 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.
9.7 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 your refund will be made within 14 days from the day on which we receive the product back from you
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, delivery address and information regarding access to the property
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
10.2 You must compensate us if you break the contract.
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 but we may deduct or charge you compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product.
We may write to you to let you know that we are going to stop providing the product. We will let you know as soon as the decision is made and will refund any sums you have paid in advance for products which will not be provided.
11. If there is a problem with the product
11.1 How to tell us about problems.
If you have any questions or complaints about the product, please contact us. You can phone customer services on 01937 845 080 or email us at onlinesales@concepthandtufting.co.uk. It is
your responsibility to inspect the Goods upon arrival and notify us of any defects or faults as soon as possible.
11.2 Summary of your legal rights.
We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3.
11.3 Your obligation to return rejected products.
If you wish to exercise your legal rights to reject products you must return them to us. We will pay the costs of postage or collection. Please call customer services on 01937 845 080 or email us at onlinesales@concepthandtufting.co.uk to arrange collection.
12. Price and payment
12.1 Where to find the price for the product.
The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong.
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 to you, 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 end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay.
We accept payment with all debit and credit cards and Paypal. You must pay for the products at the point of placing your order.
13. Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2 and for defective products under the Consumer Protection Act 1987
13.3 When we are liable for damage to your property.
If we are delivering goods to your property, we will make good any damage to your property
caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while delivering the goods.
13.4 We are not liable for business losses.
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. How we may use your personal information
14.1 How we may use your personal information.
We will only use your personal information as set out in our privacy policy.
15. Other important terms
15.1 We may transfer this agreement to someone else.
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.
15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee at clause 8.4 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by provision of an invoice or receipt.
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to).
This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 15.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later.
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.
15.6 Which laws apply to this contract and where you may bring legal proceedings.
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.