Terms & Conditions

IMPORTANT – please read these terms carefully before placing your order. 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. Nothing in these terms will affect your statutory rights as a consumer.

1.  Interpretation

1.1.  Definitions:

“Business Day” means a day other than a Saturday, Sunday, Christmas Day, Boxing Day and New Year’s Day in the United Kingdom.

“Conditions” means these terms and conditions set out in this document which apply to the Contract.

“Consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.
“Contract” means the contract between you and us for the sale and purchase of the Goods.

“Customer” or “you” means the Consumer purchasing the Goods from us.

“Delivery Location” means the delivery address as specified by you when placing your order.

“GRL” or “We” “Us” or “Our”
means Gordon Rhodes Limited, Company Number 07721573, with registered office at Dalesman House, Chase Way, Bradford, West Yorkshire, BD5 8HW.

“Force Majeure Event” means any event beyond our reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including but not limited to:

a)  acts of God, flood, drought, earthquake, storms or other similar event, natural disaster or extreme adverse weather condition;
b)  epidemic or pandemic;
c)  terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, or interference by civil or military authorities or national or international calamity, imposition of sanctions, embargo, or breaking off of diplomatic relations;
d)  nuclear, chemical or biological contamination or sonic boom;
e)  any law or any action or order taken or given by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary license or consent;
f)  collapse of buildings, fire, explosion or accident;
g)  any labour or trade dispute, strikes, industrial action or lockouts
h)  non-performance by suppliers or subcontractors (other than by companies in the same group as the party seeing to rely on this definition);
i)  interruption or failure of utility service;
j)  failure of transport networks;
k)  malicious damage;
l)  breakdown of plant or machinery;
m)  loss at sea.

“Goods” means the products that you order from us.

“Order Confirmation” means the confirmation we send to you on acceptance of your order and labelled ‘Order Confirmation’.

“Specification” means the specification for the Goods, available on our website or on request.

1.2.  Interpretation:

1.2.1.  A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted.
1.2.2.  Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.
1.2.3.  A reference to writing or written includes email.
1.2.4.  The clause, Schedule or paragraph headings shall not affect the interpretation of the Contract.

2.  Our contract with you

2.1  These Conditions apply to the Contract between you and us. By placing an order with us, you agree to be bound by these Conditions.
2.2  Before placing an order, please read these Conditions carefully. If you have any questions, please contact us using the details set out below.
2.3  How to contact us: You can contact us by telephoning 01274 758 007, by writing to us at ask@gordonrhodes.co.uk or at Dalesman House, Chase Way, Bradford, West Yorkshire, BD5 8HW.
2.4  How we will accept your order: Our acceptance of your order will take place when we send you the Order Confirmation, at which point a Contract will come into existence between you and us. If we are unable to accept your order, we will inform you of this and will not charge you for the Goods.
2.5  A quotation for the Goods given by us shall not constitute an offer. A Quotation shall only be valid for a period of 7 Business Days from its date of issue.

3.  Goods

3.1.  The Goods are described on our website and/or in the Order Confirmation. We will ensure that the Goods meet the Specification. Some Goods may be subject to a minimum purchase quantity.
3.2.  We reserve the right to amend the Specification of the Goods if required by any applicable statutory or regulatory requirement, provided that such changes do not materially affect the nature, quality or performance of the Goods.

4.  Delivery

4.1.  We shall deliver the Goods to the Delivery Location.
4.2.  Delivery is completed when the Goods are delivered to the address you gave us.
4.3.  We will contact you with an estimated delivery date.
4.4.  If we fail to deliver the Goods within 30 days (or such other period as we have agreed with you), you may specify a further period for delivery which is appropriate to the circumstances. If we fail to deliver within such further period, you may treat the Contract as at an end.
4.5.  If delivery is delayed due to a Force Majeure Event, 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.
4.6.  If you fail to take delivery of the Goods, we may charge you for the costs of storing and redelivering the Goods, and we may cancel the Contract.
4.7.  Delivery charges: The costs of delivery will be as displayed to you on our website and in the checkout process before you complete your order.

5.  Quality and your rights if there is a problem with the goods

5.1.  We are under a legal duty to supply Goods that are in conformity with the Contract. The Consumer Rights Act 2015 gives you certain legal rights (also known as “statutory rights”). A summary of your key rights is set out below. Nothing in these Conditions will affect your statutory rights.
5.2.  The Goods must be as described, fit for purpose and of satisfactory quality.
5.3.  If you wish to exercise your legal rights to reject Goods that are faulty or not as described, our returns policy as notified to you from time to time (“the Returns Policy”). The Returns Policy forms part of the Contract and you agree to comply with its terms. In the event of any conflict between the Returns Policy and these Conditions, these Conditions shall prevail.
5.4.  These Conditions shall apply to replacement Goods supplied by us.

6.  Your right to change your mind (canellation rights)

6.1.  Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have a legal right to cancel the Contract within 14 days of receiving the Goods without giving any reason.
6.2.  To exercise the right to cancel, you must inform us of your decision to cancel by a clear statement (e.g. a letter sent by post or email) using the contact details in clause 2.3. You may use the model cancellation form set out in Schedule 1 to these Conditions, but it is not obligatory.
6.3.  To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
6.4.  If you cancel the Contract:

(a)  We will reimburse all payments received from you, including the costs of delivery (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).
(b)  We will make the reimbursement without undue delay, and not later than: (i) 14 days after the day we receive back from you any Goods supplied; or (ii) 14 days after the day you provide evidence that you have returned the Goods.
(c)  We will make the reimbursement 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 reimbursement.
(d)  You shall send back the Goods without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation. You will have to bear the direct cost of returning the Goods.

6.5.  We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you.
6.6.  You do not have a right to change your mind in respect of:

(a)  Goods that are liable to deteriorate or expire rapidly (for example, perishable food items);
(b)  Goods that are sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(c)  Goods that become mixed inseparably with other items after their delivery; or
(d)  Goods that are made to your specifications or are clearly personalised.

7.  Title and risk

7.1.  Risk in the Goods shall pass to you on completion of delivery.
7.2.  Ownership of the Goods will pass to you on completion of delivery, provided we have received full payment of all sums due in respect of the Goods.

8.  Price and payment

8.1.  The price of the Goods shall be the price indicated on our website at the time you place your order, or as otherwise agreed between us. The price is in pounds sterling and includes VAT.
8.2.  When you must pay: You must pay for the Goods before we dispatch them. We accept payment by Credit or Debit Card, Apple Pay and Google Pay.
8.3.  We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. If the correct price of the Goods is higher than the price stated on our website, we will contact you for your instructions before we accept your order.

9.  Our right to end the contract

9.1.  We may end the Contract at any time by writing to you if:

(a)  you do not make any payment to us when it is due;
(b)  you do not, within a reasonable time, allow us to deliver the Goods to you; or
(c)  an event outside our control (as described in clause 11) continues for more than 30 days.

9.2. If we end the Contract in the situations set out in clause 9.1, we will refund any money you have paid in advance for Goods we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.

10.  Data protection

10.1.  We will use the personal information you provide to us:

(a)  to supply the Goods to you;
(b)  to process your payment for the Goods; and
(c)  if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

10.2.  We will only give your personal information to third parties where it is necessary to fulfil your order (for example, to our delivery partners).

11.  Events outside our control (force majeure)

11.1.  We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by a Force Majeure Event.
11.2.  If a Force Majeure Event takes place that affects the performance of our obligations under the Contract:

(a)  we will contact you as soon as reasonably possible to notify you; and
(b)  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.

11.3. You may cancel the Contract affected by a Force Majeure Event if it continues for more than 30 days. To cancel, please contact us. If you cancel, we will refund any sums you have paid in advance for Goods that have not been provided to you.

12.  Our responsibility for loss or damage suffered by you

12.1.  If we fail to comply with these Conditions, 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. 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.
12.2.  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:

(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of your legal rights in relation to the Goods (including the right to receive goods which are as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed); and
(d) defective products under the Consumer Protection Act 1987.

12.3. We are not liable for business losses. We only supply the Goods for domestic and private use. If you use the Goods 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.

13.  General

13.1.  We may transfer our rights and obligations under the Contract 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.
13.2.  You may only transfer your rights or your obligations under the Contract to another person if we agree to this in writing.
13.3.  This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4.  Each of the paragraphs of these Conditions 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.
13.5.  If we do not insist immediately that you do anything you are required to do under these Conditions, 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.
13.6.  Governing law and jurisdiction: These Conditions 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.

 

Schedule 1 – Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To: Gordon Rhodes Limited

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):

Date:

[*] Delete as appropriate.
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