Terms and conditions
1. These terms
1.1 What these terms cover and why they are important. These are the terms and conditions on which we supply products to you. 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.
2. Information about us and how to contact us
2.1 Who we are. We are Crimson Rose Ltd a company registered in England and Wales. Our company registration number is 12116632 and our registered office is at 34 Croydon Road, Caterham, United Kingdom, CR3 6QB.
2.2 Contact. You can contact us by writing to us at info@crimson-rose.com. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order.
2.3 "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 to the UK and Europe. Our website is solely for the promotion of our products in the UK and Europe. Unfortunately, we do not accept orders from or deliver to addresses outside the UK or Europe.
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, any dimensions and measurements indicated on our website may vary slightly in the individual product.
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 We may make the following changes to the products, 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:
- Changes to colours
- Changes to fabric and other materials
7. Providing the products
7.1 Delivery costs and method. The costs of delivery will be as displayed to you on our website. We use Royal Mail as our delivery method unless we have specifically agreed a different delivery method with you. If you are not available to take receipt of your delivery it is your responsibility to identify a suitable place for the goods to be left.
7.2 When we will provide the products. During the order process we will contact you with an estimated delivery date, which will be within 30 days after the day on which we accept your order. You own the product once it has been delivered to your specified address.
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 you may contact us to end the contract and receive a refund for any products you have paid for but not received.
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 8.11;
(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 and you will have to pay the costs of return of any goods;
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 (c) below the contract will end immediately and we will refund you in full for any products which have not been provided. 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 6.1) or 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;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control or 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 90 days; or
(c) 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 of receiving the goods and receive a refund.
8.4 When do you not have a right to change your mind. You do not have a right to change your mind in respect of goods which have been made to your personal specifications.
8.5 How to end the contract with us (including if you have changed your mind). To end the contract with us, please let us know by emailing us at info@crimson-rose.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.6 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 post them back to us. Please email us at info@crimson-rose.com for a returns number. 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.
8.7 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) 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.
8.8 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.
8.9 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) 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.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
8.10 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 you refund will be made within 14 days from the day on which we receive the product back from you.
8.11 How to tell us if there is a problem with the product. If you have any questions or complaints about the product, please contact us to explain what the fault or problem is. You can write to us at info@crimson-rose.com. If it is faulty we will offer you a full refund or, if you prefer, a replacement.
9. Price and payment
9.1 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.
9.2 When and how you must pay. You must pay for the products before we dispatch them. We use online e-commerce platform Shopify to process your payment. We accept most major credit and debit cards. All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
10. Our responsibility for loss or damage suffered by you
10.1 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.
10.2 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.
10.3 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.
11. Other important terms
11.1 How we may use your personal information. We will only use your personal information to process your order. We will not share your personal information with third parties except as is necessary to process your delivery and otherwise where required for law enforcement. Please see our Privacy Policy.
11.2 Our intellectual property rights. We own the intellectual property rights (including copyright and design rights) in all our products and the purchase of our products does not give you a licence to reproduce our designs or otherwise make use of our intellectual property rights for your own purposes. Crimson Rose is a registered trademark in UK and Europe.
11.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.4 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.
11.5 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.
11.6 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.