Terms & Condition on which we supply any of the products listed on our website www.luxuryrugs.com to you.
Please read these terms and conditions carefully before ordering any Products from our site.
By clicking on the button marked “[I Accept]” from the order page, you accept these terms and conditions. Please understand that, if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. BUSINESS PURCHASERS AND CONSUMERS
1.1 Terms 1 to 5 (inclusive) apply to all purchasers of Products.
1.2 If you are:
(a) a consumer (i.e. an individual buying Products for purposes outside of their trade, business or profession), then terms 7 to 18 (inclusive) also apply to you and you should pay particular attention to term 10; or
(b) a business (i.e. someone buying Products for purposes related to their trade, business or profession), then terms 19 to 29 (inclusive) also apply to you.
2. INFORMATION ABOUT US
2.1 We operate the website. We are Luxury Rugs Ltd (10403035)
3. ORDER STATUS
3.1 We may provide links on our site to the websites of other companies (whether affiliated with us or not).
3.2 We cannot give any undertakings or warranties (legal promises) that websites of other companies are appropriate or accurate and we shall not have any responsibility for their activities. Therefore, any warranties relating to these companies are disclaimed by us absolutely.
4. EVENTS OUTSIDE OUR CONTROL
4.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (Force Majeure Event). This includes any act, event, non-happening, omission or accident beyond our reasonable control. For example (without limitation):
(b) riots, terrorist attacks or war;
(c) fire, storm, flood, earthquake or other natural disaster; and
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
4.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues and we will have an extension of time for performance for the duration of that period. We will do our best to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
5. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
5.1 We have the right to revise and amend these terms and conditions from time to time but you will be subject to the terms and conditions in force at the time that you order Products from us (unless any change to these terms and conditions is required to be made by law, in which case it will apply to orders previously placed by you).
5.2 If we change these terms and conditions, you will be required to accept the new version of them before you may order further Products from us.
6. IMPORT DUTY
6.1 Products may be subject to import duties and taxes (which are levied when the delivery reaches the specified destination). You will be responsible for payment of any such import duties and taxes but we will promptly reimburse you for any such payment on receipt from you of:
(a) evidence that you have paid such import duties and taxes; and
(b) a demand (or similar) from the relevant authorities for payment of such import duties and taxes.
6.2 You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws
7. DATA PROTECTION
8. YOUR STATUS
By placing an order through our site, you legally promise to us that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old; and
(c) you are resident in (and the delivery address for the Products is in).
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US9.1 Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you an e-mail that confirms your order for a Product (Order Confirmation). The contract between us (the Contract) will only be formed when we send you the Order Confirmation.
9.2 The Contract will relate only to those Products whose order we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Order Confirmation.
10. CONSUMER RIGHTS
10.1 All of our Products are made to your specifications (i.e. are ‘bespoke’). This means that, unlike most consumer contracts, you will not have any right to cancel a Contract.
10.2 This term 10 does not affect your other legal rights.
11. AVAILABILITY AND DELIVERY
11.1 We promise to deliver your order as soon as reasonably possible, provided that you are available to receive delivery.
11.2 We will send you carrier details with a tracking code. If you are not available to receive the Product on the first attempt delivery, you may schedule another time for re-delivery. We shall be entitled to charge you in advance for any additional delivery charges up to £50 for each time that we attempt to re-deliver your order and you are not available.
12. RISK AND OWNERSHIP
12.1 After the Products have been delivered, you will be responsible for them – in other words, you are responsible for the risk of anything happening to the Products.
12.2 You will only own the Products once you have paid us in full (including for any delivery charges) – until we have received full payment, the Products will belong to us. If (for any reason) payment for the Products is recalled or revoked, ownership shall immediately revert to us.
13. PRICE AND PAYMENT
13.1 The price of the Products and our delivery charges will be as quoted on our site from time to time and as confirmed to you at check-out.
13.2 Product prices include VAT (where applicable).
13.3 Product prices and delivery charges are liable to change at any time but changes will not affect orders already placed.
13.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
13.5 Payment for all Products must be by credit/debit card (via WorldPay), PayPal or bank transfer.
13.6 If payment:
(a) has not cleared seven days after you made (or attempted to make) payment for a Product (referred to in the Order Confirmation); or
(b) at any time is recalled or revoked, we shall be entitled to terminate the Contract.
14. OUR REFUNDS POLICY
14.1 If you wish to return a Product to us for any reason (for instance, because you consider that the Product is defective), you must contact us first and we will either:
(a) tell you how to send the Product back to us; or
(b) arrange to collect the Product from you.
Please note that, as all Products are bespoke, we cannot offer refunds simply because you have changed your mind.
14.2 Where you return a Product us to or we collect the Product, we will cover the cost of the return/collection initially. However, if the Product is not defective:
(a) we will charge you for the cost of the return/collection and, should you wish for us to re-deliver the Product to you, we will also charge you for the cost of the return/collection and the re-delivery costs (which must be paid before we will return the Product to you); and
(i) you wish for us to re-deliver but do not pay us for the cost of return/collection and for re-delivery (within 28 days of our request for payment); or
(ii) you do not wish for us to re-deliver, ownership of the Product shall revert to us and we shall be entitled to re-sell it to recover such cost of return/collection but will pay the balance (if any) from the sale to you;
14.3 If you are due a refund for any reason under these terms and conditions (e.g. because the Product is defective), we will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full as well as any applicable delivery charges and any reasonable costs you incur in returning the Product to us.
14.4 We will usually refund any money using the same method originally used by you to pay for your purchase.
15. LEGAL PROMISES
15.1 We legally promise to you that any Product purchased from us through our site will, on delivery and for the following 12 months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. This means that we will not be responsible if any issues with a Product occur because you have mistreated it.
15.2 All Products are handmade, largely from natural materials. Accordingly, there could well be minor discrepancies (in Products as delivered) from any specifications, designs, samples, colours provided or shown to you. In particular; different computer screens may represent particular colours differently and, therefore, the Products’ colours may differ slightly from that shown on your computer screen. You agree that any discrepancies of this type shall not constitute a breach of our promise in clause 15.1.
15.3 Where you provide us with any image(s) to be incorporated in/on a Product, you legally promise to us that you are entitled to ask us to do so and, that in using such image(s), we will not infringe anyone else’s intellectual property rights (for example, copyright).
16. OUR LIABILITY
16.1 Subject to term 16.2:
(a) our total liability to you (however the liability arises) shall not exceed the greater of:
(i) £4,000; or
(ii) twice the amount paid you have paid us for Products in the 12 months preceding the event that gave rise to our liability;
(b) we will not be liable for any minor discrepancies (in Products as delivered) from any specifications, designs, samples, colours provided/shown to you;
(c) any term which might be implied into these terms and conditions (for example, by a particular law) are hereby excluded.
16.2 Nothing in these terms and conditions excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the UK Sale of Goods Act 1979;
(d) defective products under the UK Consumer Protection Act 1987; or
(e) any deliberate breaches of these terms and conditions by us that would entitle you to terminate the Contract; or
(f) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
17.1 The law requires that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
17.2 This term 17 does not affect your legal rights.
18.1 If any term (or part of any term) of these terms and conditions is held to be unlawful, invalid or unenforceable, then that term (or part of that term) shall (to the extent required) be deemed not applicable and shall be rendered ineffective (so far as is possible) without modifying or affecting the remaining provisions of these terms and conditions.
18.2 These terms and conditions constitute the entire agreement between you and us relating to your use of our site and the Products. These terms and conditions replace any previous agreement or understanding between us relating to the Products.
18.3 No term of these terms and conditions will be enforceable by anyone apart from you and us.
18.4 We may let anyone take over our rights and/or obligations under these terms and conditions at any time.
18.5 You may not let anyone take over your rights and/or obligations under these terms and conditions without our prior, written consent.
18.6 If we fail to exercise (or delay in exercising) any of our rights or remedies, this will not mean that we have waived these rights or remedies.
18.7 These terms and conditions will be governed by English law.
18.8 You hereby submit to the exclusive jurisdiction of the English courts.
TERMS AND CONDITIONS THAT APPLY TO BUSINESSES ONLY
19. YOUR STATUS
19.1 By placing an order through our site, you warrant that:
(a) you have the authority to enter into binding contracts
(b) in respect of any personal data that you supply to us, you have the right to supply it to us for processing in the course of our fulfilment obligation; and
(c) your business is domiciled in (and the delivery address for the Products is in).
20. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
20.1 Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you an e-mail that confirms your order for a Product (Order Confirmation). The contract between us (the Contract) will only be formed when we send you the Order Confirmation.
20.2 The Contract will relate only to those Products whose order we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Order Confirmation.
21. AVAILABILITY AND DELIVERY
21.1 We promise to deliver your order as soon as reasonably possible, provided that you are available to receive delivery.
21.2 We will send you carrier details with a tracking code. If you are not available to receive the Product on the first attempt delivery, you may schedule another time for re-delivery. We shall be entitled to charge you in advance for any additional delivery charges up to £50 for each time that we attempt to re-deliver your order and you are not available.
22. RISK AND TITLE
22.1 The Products will be at your risk from the time of dispatch.
22.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
22.3 If (for any reason) payment for the Products is recalled or revoked, ownership shall immediately revert to us. If this happens, provided that the Products have not been resold (or irrevocably incorporated into another product) and without limiting any other right or remedy we may have, we may at any time require you to deliver up the Products and, if you fail to do so promptly, enter any premises of yours or of any third party where the Products are stored in order to recover them.
23. PRICE AND PAYMENT
23.1 The price of the Products and our delivery charges will be as quoted on our site from time to time and as confirmed to you at check-out.
23.2 Product prices include VAT (where applicable).
23.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
23.4 We are under no obligation to provide a Product to you at an incorrect price (i.e. which is lower than the correct price), even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
23.5 Payment for all Products must be by credit/debit card (via WorldPay), PayPal or bank transfer.
23.6 If payment:
(a) has not cleared seven days after you made (or attempted to make) payment for a Product (referred to in the Order Confirmation); or
(b) at any time is recalled or revoked, we shall be entitled to terminate the Contract.
24.1 We warrant to you that any Product purchased from us through our site will, on delivery and for the following 12 months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
24.2 All Products are handmade, largely from natural materials. Accordingly, it is possible that there will be minor discrepancies (in Products as delivered) from any specifications, designs, samples, colours provided/shown to you and you acknowledge and agree that such discrepancies shall not constitute a breach of clause 24.1.
24.3 Where you provide us with any image(s) to be incorporated in/on a Product, you shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by us arising out of or in connection with any claim made against us for actual or alleged infringement of a third party’s intellectual property rights arising out of, or in connection with, our use of such image(s).
25. LIMITATION AND EXCLUSION OF LIABILITY
25.1 This term 25 sets out our entire liability to you. You acknowledge and agree that this term 25 reflects a fair allocation of risk between you and us.
25.2 Subject to term 25.3:
(a) our total liability to you (howsoever such liability may arise) shall not exceed the greater of:
(i) £2,000; or
(ii) twice the amount you have paid us for Products in the 12 months preceding the event that gave rise to our liability;
(b) we shall have no liability for minor discrepancies (in Products as delivered) from any specifications, designs, samples, colours provided/shown to you;
(c) any terms, conditions and/or warranties implied by law (whether by statute, common law or otherwise) are hereby excluded.
25.3 Nothing in these terms and conditions excludes or limits our liability:
(a) for death or personal injury caused by our negligence;
(b) for fraud or fraudulent misrepresentation;
(c) for any breach of the obligations implied by section 12 of the UK Sale of Goods Act 1979;
(d) under the UK Consumer Protection Act 1987 for defective products; or
(e) for any other matter for which it would be illegal (according to applicable law) for us to exclude or attempt to exclude our liability.
26.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
26.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
26.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
28. ENTIRE AGREEMENT
28.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
28.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
28.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
29. LAW AND JURISDICTION
29.1 Contracts for the purchase of Products through our site 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) will be governed by the law of England and Wales.
29.2 Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
Home / Returns Policy
Please note there are several important points which we strongly advise you read below before we take payment for any goods. By sending payment will mean you automatically wish to enter you into a legal binding contract with Luxury Rugs under all the terms and conditions including returns, cancellations and refunds policies as stated on this website. The contract will be binding upon receipt of payment by Luxury Rugs unless Luxury Rugs declares at anytime by any communication method that the order has not been accepted. In which case Luxury Rugs will refund any funds owing – please see full Terms and Conditions.
CANCELLATIONS, RETURNS & REFUNDS: UNSUITABLE ITEMS
AN IMPORTANT NOTE!
Please be aware that almost all the products for sale are made to order for you and we commission the manufacturers almost immediately after receiving payment. Once the manufacturing process is beyond the 7th working day you are not able to cancel this contract and you will be liable for the full balance of the item plus delivery and any other charges which are normally applied when the item is ready for dispatch to you.
We hope that you are delighted with your purchase from Luxury Rugs However, if you would like to return an item because it is unsuitable please be aware that almost all the products for sale are made to order for you and therefore cannot be returned once the items have been commissioned unless it is faulty or Luxury Rugs has made a mistake with the order. Your statutory rights are not affected, however please be aware that UK Office of Fair Trading laws and guidelines such as the Distance Selling Act and the Sale of Goods Act do clarify that standard return terms DO NOT APPLY when you enter into contract for an item which is made for you.
We feel sure you can understand that it is precisely because we offer such flexibility in finish options and rare crafted goods rather than mass manufacture, that it makes a product bespoke for you alone. And for that reason we are subsequently unable to resell such individual items in your pre-configured state.
To cancel an order please contact our customer service team by email [email protected] or call 01625 250965 IMMEDIATELY. Please note that as per your statutory rights you are entitled to cancel this contract and receive a full refund no longer that 7 working days after the day on which your initial order is received with Luxury Rugs unless delivered items are proved to be faulty or we believe Luxury Rugs has made a mistake with the order.
Please see Product Fault, Damages & shortages and Order Anomalies for exceptions.
PRODUCT FAULTS, DAMAGE, SHORTAGES & ORDER ANOMALIES
BEFORE YOU COMMIT TO PURCHASE
Please note that it is your responsibility to check the Order is to the exact specification desired prior to payment. In addition you will be sent an email detailing the Order with which you have 7 working days to notify Luxury Rugs of anything which is not as expected. Specifically, the colours finish and dimensions should be carefully inspected. Luxury Rugs cannot offer guarantees at any stage during the manufacturing process that configuration change is possible but will endeavour to do our best to accommodate any errors.
ON DELIVERY OF GOODS
Please note that it is your responsibility to check the goods for any faults, damage or shortages and record any problems on the delivery receipt. If the item is badly damaged, refuse it and contact us immediately. Any claim concerning short delivery and/or damaged and/or defective goods found on delivery, or concerning damaged or defective goods found at a later date, must be notified as soon as possible within 7 days of receipt by emailing [email protected] or call 01625 250965.
NOTE FOR NATURAL FINISHED GOODS CHARACTERISTICS AND COLOUR VARIATIONS.
Whilst every effort will be made at time of purchase to colour match items (where more than one item in a range is ordered) we cannot be held responsible or guarantee there will not be minor variations in finish and colour. This is especial applicable to products made from animal skins and Natural Products.
Leather Rugs, Flooring and Binding
Leather is a natural product and each hide will have its own individual characteristics and natural marks. Differences in the grain, texture and colour may be apparent from one hide to another and even within the same hide. Luxury Rugs selects only hides of the highest quality but some marking is inevitable and should be accepted as part of the individual appearance of leather Rugs and Bindings.
Wool, Sisal and Natural floor coverings
Colour matching cannot be guaranteed with Natural Fibre Mattings. Natural Fibre products are not recommended for heavy duty and Wet areas. Plain carpet is subject to shading with use due to pile pressure. This is characteristic of this type of carpet and does not affect the durability of the carpet.
In order to arrange a refund, return or exchange, you will require a returns authorisation code. You can obtain this by simply emailing: [email protected] or call 01625 250965. You will receive a reply with a returns authorisation code (RAC) that you will need to quote on all subsequent correspondence and instructions on how to proceed with the product return.
LEATHER AND CUSTOM RUG ORDERS INCLUDING RUG BUILDER:
Luxury Rugs need to be informed of your cancellation request within 7 days of receipt of the order. It must be in writing by post, fax, or email a telephone conversation or voicemail will not be sufficient alone. Luxury Rugs Cannot issue Refunds after 7 days of receipt
STOCK SIZE RUGS (Excluding Leather and Custom Rug Orders Including Rug Builder:)
You will need to arrange Delivery of your items
We recommend using a registered service when returning items to us and retaining the proof of postage as we may require signed proof of delivery. Luxury Rugs is not responsible for returned goods being lost or damaged in transit.
Goods must be returned with your packing slip and RAC returns code to the address below.Luxury Rugs Unit 001 Apex house Stanley green trading estate Duke Avenue SK8 6RX
The goods must arrive back with us in a fully resaleable condition with original product packaging and instructions where appropriate.
You will be reimbursed to the payment card with which you paid for the goods once the goods have been received back into our Distribution Centre.
Please note that any delivery charges will not be refunded. A refund of the delivery charge will only be given in the instance of incorrect, damaged or faulty goods. If we find that the product has not been returned to us in fully resaleable condition, we reserve the right to refuse a refund on the item, or deduct up to 20% of the original selling price from the refund amount.
*Restrictions – we are unable to offer a refund or exchange on any products which we deem to have been used or not in their original packaging.
For all faulty returns and cancellations we will refund your payment within 30 days if our terms are met.
Luxury Rugs does not accept any responsibility for lost working time in the unlikely event of a delivery being incorrect, delayed or postponed.