Important

ROOM BY ROOM HOME IMPROVEMENTS (SCOTLAND) LTD

TERMS OF USE OF AND ACCESS TO THIS WEBSITE (“Terms”)

1              Introduction

This Website at www.roombyroom.co.uk and/or any other website address as directed by us (“Website”) is operated by Room By Room Home Improvements (Scotland) Limited (“our”, “we” or “us”) (Registered in Scotland, Registered Office at Unit 15 Colquhoun Avenue, Hillington Park, Glasgow G52 4BN, Company number SC200586, VAT number 699 7296 44).  By using or accessing the Website, you agree to be legally bound by these Terms.  If you do not wish to be bound by these Terms then you must not use or access the Website.

2              Nature of the Website

2.1          The Website is a place for you to select and order certain of our products displayed on the Website from time to time (“Products”).  The Website is provided on an “as is” basis and we reserve the right to make changes, suspend or discontinue any aspect of the Website from time to time.   We cannot guarantee that the Website will operate continuously, without interruptions or be error free. 

2.2          You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent its security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device related to the operation of the Website. 

2.3          You warrant and undertake to us that you will not use the Website for any purpose that is illegal or prohibited by law or these Terms.  If you do your permission to use the Website terminates immediately without the necessity of any notice being given to you.

2.4          Although we have taken reasonable precautions to ensure the Website is secure, we do not provide any undertaking nor do we accept any liability should there be a breach or failure of security.

3              Buying Products on the Website

3.1          To order a Product you will need to follow the ordering procedures set out on our order page or displayed on the Website.  Details of prices for the Products, and the procedures for payment and delivery (including calculating the cost of delivery which may vary depending on your location) are displayed on the Website or on our order page.

3.2          We shall do all we reasonably can to ensure the Products conform to their description when you order and are of satisfactory quality. We shall use all reasonable endeavours to ensure that all dimensions specified by us are accurate, however we will not be liable for minor measurement differences which do not significantly affect the products or their installation.  We will not accept any liability for any costs incurred by you as a result of incorrect or incomplete measurements or information taken and/or provided by you.

3.3          You should be aware that colours shown on the Website and in brochures are intended as a guide only and cannot be guaranteed due to system limitations. You should also note that variations in shade and pattern are an inherent feature of certain of our Products (for example ceramic tiles) and no responsibility can be accepted for shading once such Products have been installed.

3.4          Products are offered for sale subject to stock availability.  We will inform you of the non-availability of any Products ordered by you as soon as reasonably practicable. We will notify you if we have a replacement item of equivalent value and quality in stock.  If you are not happy with the replacement item then we will refund your credit/debit card with the full amount paid in respect of such Products as soon as reasonably practicable and in any event within 30 days of your order.  If we have delivered a replacement product to you which you are not happy with, you should notify us within 7 working days of receipt and thereafter arrange for the return of the product to us.  In such a case we will refund the price of such replacement Product and reimburse your reasonable and properly incurred cost of returning the replacement Product to us.  

3.5          You must pay for Products and the cost of delivery by credit or debit card accepted by us at the time of ordering.   You undertake that all details you provide to us for the purpose of purchasing Products on the Website will be accurate and complete and that the credit or debit card which you use is your own.  We reserve the right to obtain validation of your credit or debit card details and/or to take payment for Products ordered before dispatching any such Products.

3.6          The price of any Product is the price in force at the date and time of your order.  We may change the price of any Product before you place an order.  We try to ensure that our prices displayed on the Website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure following receipt of your order.  We will inform you if a Product's correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the Product at the correct price.  The prices of the Products are exclusive of delivery costs and inclusive of VAT.

3.7          We are entitled to refuse any order placed by you for whatever reason including amongst other reasons incorrectly priced Products and the non-availability of Products.  We will acknowledge of your order by online electronic means (“Acknowledgement”) to the email address you have given us on ordering.  Acknowledgement does not constitute acceptance of your order which only occurs upon dispatch of the Products.  

3.8          The Date stated in the Acknowledgement for delivery is an estimates only. We will use reasonable endeavours to deliver Products on the date stated in the Acknowledgement, and in any event within 30 days of the date on which the order is completed or within such longer period as we may agree.  In cases of unforeseen circumstances beyond our control we will contact you and agree an alternative date.

3.9          We shall only deliver the Products to the front door of your premises or else to where our delivery staff/agents considers access is safe.  Where the address given is a flat then we shall only be required to deliver the Products to the ground floor landing.

3.10        Where we are unable for whatever reason to deliver the Products, we shall be entitled to cancel the contract and refund the price of the Products, but shall retain any delivery charges paid by you if non-delivery is as a result of unsafe or blocked access.

3.11        Where we are requested to leave the Products unattended you should note that the Products are your responsibility and at your risk and we cannot be held responsible for any loss or damage to the Products once they have left the possession of our delivery staff/agents.

3.12        We retain ownership of all Products until we have received full payment for such Products and all other sums due to us by you.  Risk in the Products passes to you immediately upon delivery.

4              Returns

4.1          You may return any Products you have purchased from us if you notify us to that effect within 7 working days of delivery for any reason (including if you simply change your mind).  To do so you must notify us in writing (including email) within those 7 working days.  You will then be entitled to a refund from us (including any costs of delivery to you), which will be paid as soon as possible, but within 30 days.  You must arrange for the return of the Products to us.  We will refund to you the cost of return where the Products are faulty or damaged or not what you ordered provided it is reasonable and properly incurred but otherwise the cost of returning the Products to us is to be paid by you.  While in your possession, you must keep any Products you intend to return to us in good condition.

4.2          Products are inspected by us before being dispatched.  You should check the Products for transit damage when they are delivered and in any event prior to installation.  Any transit damage to the Products should be notified to our delivery staff/agents and to us as soon as possible.  Where the Products delivered are damaged or not in conformity with order, this must be notified to us within a reasonable period after delivery (there being a presumption that in most normal situations a period of greater than 7 working days is outside what is a reasonable period).  If you choose to have a delivery made when you are absent, you must check the Products as soon as reasonably possible and notify us in writing of any fault/damage within a reasonable period after the fault/damage is discovered (there being a presumption again that in most normal situations a period of greater than 7 working days is outside what is a reasonable period). 

4.3          We shall not be liable for faults/damage if:

4.3.1      you have made any use of the Products after giving us notice of the defect;

4.3.2      the damage or defects have arisen because you have failed to follow the manufacturer’s instructions as to the storage, installation, commissioning, use or maintenance of the Products;

4.3.3      you use the Products prior to their being fully installed; and/or

4.3.4      you, or a third party have altered or tampered with or attempted to repair the Products.

4.4          Nothing in these Terms will affect your statutory rights relating to faulty or mis-described Products. For further information about your statutory rights you should contact your Local Authority Trading Standards Department or Citizens Advice Bureau.

4.5          If Products delivered are not what you ordered, or do not correspond with their description or are faulty or damaged we will, subject to Clause 4.3, at our option, deliver to you a replacement Product or refund to you the price paid.  In these circumstances, your reasonable and properly incurred costs of returning the Product will be refunded to you.

5              Information you provide to us

5.1          The following applies to any information you provide to us, for example during any registration or ordering process:

5.1.1      you authorise us to use, store or otherwise process any personal information (“Personal Information”) which relates to and identifies you to the extent reasonably necessary for us to provide our services and/or Products;

5.1.2      if you obtain or choose to buy Products through the Website then we may collect Personal Information about your buying behaviour; and

5.1.3      if you send us personal correspondence such as emails or letters then we may collect this Personal Information into a file specific to you (together, the various purposes set out in this Clause shall be known as the “Purposes”).

5.2          You must ensure that all Personal Information you provide is accurate and complete for the Purposes.

5.3          By accepting these Terms, you agree to the processing and disclosure of the Personal Information for the Purposes.  If you would like to review or modify any part of your Personal Information then you should contact us.

6              Liability

6.1          We shall not be liable under this contract for any loss or damage caused by us, our employees or agents in circumstances where:

6.1.1      there is no breach of a legal duty of care owed by us to you;

6.1.2      such loss or damage is not a reasonably foreseeable result of any such breach; or

6.1.3      the loss or damage results from breach by you of any of these Terms;