The following are the terms and conditions of sale ('Conditions') of Rosella Collections. These Conditions apply to all sales of Products by Rosella Collections to the exclusion of any other terms and conditions unless otherwise agreed in writing by a duly authorized representative of Rosella Collections.
In these Conditions, the following Definitions apply:
'Contract' refers to any contract made between Rosella Collections and the Customer for the sale and purchase of any Products.
'Customer' refers to any person firm or organization purchasing any Products from Rosella Collections.
'Product' refers to any goods and/or services to be supplied to the Customer by Rosella Collections in accordance with these Conditions.
'Bespoke Product' refers to made to measure clothing item, Handicraft product or furniture and fittings requested by the Customer and any product specially produced or personalized at the request of the Customer.
All orders are accepted at Rosella Collections discretion subject to these Conditions to the exclusion of any other terms and conditions subject to which any such order is made or purported to be made by the Customer unless there is express written confirmation from Rosella Collections stipulating specific amendments.
Orders are deemed accepted and a Contract formed on release of the Products to the carrier or if earlier upon payment for Products in cleared funds. Rosella Collections reserves the right to refuse any order without providing a reason.
Any Customer placing an order warrants that it is legally capable of entering into binding contracts and (if an individual) is at least 18 years old.
Customers who have been granted a credit account facility by Rosella Collections may choose to have their order charged to their account. Rosella Collections may withdraw credit facilities at their own discretion at any time.
Orders for Bespoke Products will not be accepted unless accompanied by a deposit of 100% (including any applicable VAT) of the order value. Payment terms for credit accounts are thirty (30) days from the date on the invoice, unless otherwise agreed.
In all other cases, the Customer shall pay for the Products at the time of ordering. Orders can be paid for by debit or credit cards. Rosella Collections . If the Customer wishes to use an alternative method of payment, such method of payment shall be at the discretion of Rosella Collections.
Products ordered shall not be despatched until full payment is received in cleared funds, except at Rosella Collections's discretion or where the Customer ordered Products with instructions to have the order charged to its credit account/s.
The time of payment of the price shall be of the essence of the Contract.
Products are sold at the prices prevailing in Rosella Collections's website, brochure or individual quotation as applicable at the time of ordering. All prices are subject to VAT and exclude delivery charges.
Prices may be varied from time to time at Rosella Collections's discretion.
Delivery charges in relation to carriage, transport costs, and unloading shall be paid by the Customer in addition to the price for the Products.
Delivery charges may vary at Rosella Collections's discretion from time to time.
Delivery charges are set out in Rosella Collections's website, brochure or individual quotation as applicable or shall be separately advised to the Customer.
Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer invoice or other document or information issued by Rosella Collections shall be subject to correction without any liability on the part of Rosella Collections.
The prices for the Products do not include fitting charges. Unless Rosella Collections expressly offers to provide fitting services in a quotation, the Customer shall be solely responsible for arranging for the Products to be fitted and for payment of associated fitting charges to the fitter selected by the Customer.
Rosella Collections reserves the right to make changes to the range of Products offered from time to time, including additions, deletions and changes in specification.
Products are designed for the purposes specified and no warranty is given that they shall be suitable for purposes other than those described in Rosella Collections current website or brochure.
Rosella Collections's employees or agents are not authorised to make any representations concerning the Products unless confirmed in writing by a director of Rosella Collections and the Customer acknowledges that by entering into a Contract it does not rely on and waives any claim for breach of any such representations which are not so confirmed.
While Rosella Collections has made every effort to ensure that Products offered are shown as accurately as possible in its current brochure or website, the Customer should check any details and information they wish to rely on with Rosella Collections at the time of purchase. Rosella Collections cannot accept liability in respect of any errors or omissions contained in its brochures or website or for any loss or damage, malfunction or consequential loss arising from reliance upon these publications. (e.g. variances in colour or specification between any Rosella Collections publications and the actual product supplied).
Whilst Rosella Collections has made reasonable effort to ensure that details and information given in its brochures and website are accurate at the time of issue, full technical specifications are not necessarily included and the right is reserved to alter details and information as the need arises.
If a product is out of stock or unavailable at the time of ordering, the Customer should let us know by dropping and email and enquire before placing the order.
Except for Bespoke Products, if such ordered Product is not available within sixty (60) days of the placement of the order, Rosella Collections shall provide a full refund to the Customer or shall afford the Customer an opportunity to select an alternative Product of the same value.
Any promotional or special offers on Products are only available while stocks last.
Delivery of a Customer's order may be made either in a single shipment, or part orders may be shipped, at Rosella Collections's discretion.
Time of delivery is not of the essence and Rosella Collections does not guarantee any delivery times. Rosella Collections will use reasonable endeavours to deliver each of the Customer's orders for the Products within the time advised by Rosella Collections when Rosella Collections accepts an order or if no time is advised within a reasonable time. If Rosella Collections is unable to fulfil any delivery on or by the specified date, Rosella Collections will not be deemed to be in breach of Contract. Any delay in delivery will not entitle the Customer to cancel the order or to receive a refund of any monies paid unless and until the Customer has given 90 days' written notice to Rosella Collections requiring the delivery to be made and Rosella Collections has not completed delivery within that period. The Customer shall have no other remedy in respect of late delivery.
Rosella Collections shall not be liable for any direct, indirect or consequential loss caused by any delays in delivery (including if such delay was caused by Rosella Collections's negligence or default) and shall not reimburse any expenses or other claims made by the Customer.
Unless otherwise agreed at Rosella Collections's sole discretion, all Products ordered by the Customer shall be delivered to the address where the payment card or credit account holder is registered. In the event that the carrier is unable to deliver to the Customer through no fault of either Rosella Collections or the carrier and, either an additional delivery journey is required, or the Products have to be returned to stock, then additional carriage charges and/or handling fees shall be charged to the Customer. (This clause excludes carriage charges for the replacement of defective goods).
Rosella Collections reserves the right to defer the date of delivery or cancel the Contract or reduce the volume of the Products ordered by the Customer (without liability to the Customer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Rosella Collections including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lockouts, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials provided that, if the event in question continues for a continuous period in excess of 180 days, the Customer shall be entitled to give notice in writing to Rosella Collections to terminate the Contract.
If the Customer establishes to Rosella Collections's reasonable satisfaction that there is a defect in the Products or there is some other failure by Rosella Collections in relation to the conformity of the Products with the Contract, then Rosella Collections shall, at its option and at its sole discretion and within a reasonable time:
- refund the Customer or replace such Products with products which are in all respects in accordance with the order; or
- issue a credit note to the Customer in respect of the whole or part of the price of such Products (and reasonable costs incurred by the Customer returning such Products) as appropriate having taken back such Products. The liability of Rosella Collections under this Condition shall in no event exceed the purchase price of such Products and the reasonable postage /delivery costs incurred by the Customer returning the defective Products; and performance of any one of the above options shall constitute an entire discharge of Rosella Collections's liability.
This Condition shall not apply unless the Customer:
- notifies Rosella Collections of the alleged defect within 3 days of receipt of the Product/s; and
- affords Rosella Collections a reasonable opportunity to inspect the relevant Products.
- All Defected products will be returned to Rosella Collections first. All return cost will be incurred by the customer.
If Rosella Collections elects to replace the Products pursuant to this Condition, it shall deliver the replacement Products to the Customer at its own expense at the address to which the defective Products were delivered. Such delivery will be made only after the Customer has returned the defective Products to Rosella Collections. The legal title to the defective Products which are being replaced shall (if it has vested in the Customer) re-vest in Rosella Collections and the Customer shall make any arrangements as may be necessary to deliver up to Rosella Collections the defective Products which are being replaced by Rosella Collections.
Rosella Collections shall be under no liability under the warranty in this Condition:
- in respect of any defect arising from wilful damage, negligence, abnormal storage conditions, failure to follow Rosella Collections's or the manufacturers instructions whichever is appropriate (whether oral or in writing); or
- if the total price for the Products has not been paid by the due date for payment; or
- in respect of any type of defect or damage specifically excluded by Rosella Collections by notice in writing; or
- if the Customer makes any further use of the Products after giving notice in accordance with this Condition; or
- if the Products are not returned with the original relevant delivery documentation and in their original packaging.
Bespoke Products cannot be returned unless defective as above.
Rosella Collections will at its own discretion provide samples on request and when customer will pay for the samples in full. Once provided samples will not be returned to Rosella Collections. Alteration in samples once payment received or samples delivered is not possible. No refund will be given to customer once payment has been done or samples delivered.
It’s customer liability to provide full specification of the requested sample. Rosella Collections will not be responsible for any minor or major difference in specification and the actual sample delivered. Rosella Collection will do its best endeavor to create closest match of the requested sample or alteration in the existing product as requested by the customer. Once the sample amount will be paid, the amount cannot be refunded back to the customer and customer is bind to provide details, amendments or changes if any to Rosella Collection within 3 days after the payment, failing to which Rosella Collection upon it’s discretion forfeit the amount.
Cancellation of Orders
Rosella Collections shall be under no obligation to accept cancellation or amendment of any order once accepted by Rosella Collections. Where such cancellation or amendment is accepted by Rosella Collections, Rosella Collections reserves the right to charge a reasonable cancellation or amendment fee.
Risk and Title
Risk in the Products shall pass to the Customer on delivery.
Notwithstanding the above, the Products remain the property of Rosella Collections until the monies due to Rosella Collections for the Products have been paid in cleared funds.
In the event that the Customer
- fails to make payment timeously; or
- commits a material breach of any term, condition or obligation under this Contract; or
- has any judgement taken or levied against it, is deemed unable to pay its debts with the meaning of Section 123 of the Insolvency Act or otherwise; has its property ceased or charged; or in the case where a Corporation goes into liquidation or has a receiver of the Customer or Administrator appointed; Rosella Collections may, without prejudice to any other rights and remedies available, by notice in writing, enter any premises to recover the Products and take any other necessary steps.
Where the Products are supplied for export from the UK or from any other International Office of Rosella Collections, the following shall (subject to any special terms agreed in writing between the Customer and Rosella Collections) apply notwithstanding any other provision of these Conditions.
The Customer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties thereon.
Payment of all amounts due to Rosella Collections shall be made before delivery.
Liability of Rosella Collections
The warranties set out in these Conditions are the only warranties which shall be given by Rosella Collections and to the fullest extent possible at law all warranties, conditions and other terms implied by statute or otherwise are expressly excluded (other than the conditions implied by section 12 of The Sale of Goods Act 1979).
The total liability of Rosella Collections in contract tort or otherwise in respect of any Products supplied under any Contract shall be limited to the price of such Products unless expressly stated otherwise in these Conditions.
Rosella Collections shall not be liable to the Customer for any loss of profit or other economic loss (direct or indirect), indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) or loss or damage (contractual, tortious, breach of statutory duty or otherwise) which arises out of or in connection with the Contract, or for any liability incurred by the Customer to any other person for any economic loss, claim for damages or awards howsoever arising from the Products or otherwise.
Nothing in these Conditions shall limit or exclude Rosella Collections's liability for negligence causing death or personal injury, under section 2 of the Consumer Protection Act 1987, for fraud or fraudulent misrepresentation, or for any matter which it would be illegal for Rosella Collections to exclude or attempt to exclude and nothing in these Conditions shall affect any statutory rights available to anyone dealing as a consumer. (as defined in Section 12 of the Unfair Contract Terms Act 1977 (as amended) or under the Consumer Protection (Distance Selling) Regulations 2000.
Unless Rosella Collections has agreed to offer fitting services under a quotation, Rosella Collections has no responsibility for the actions of the Product fitters and shall not be liable to the Customer for any loss or damage caused by Product fitters (whether to Rosella Collections's Product or to the Customer's property) and the Customer shall seek to recover any such loss or damage directly from the Product fitter.
Rosella Collections shall at all times comply with its obligations under the Data Protection Act 1998.
Rosella Collections may assign any Contract or any part of it to any person firm or company.
The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of Rosella Collections.
Any failure or delay by Rosella Collections in enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
If any provision of these Conditions is held by any competent authority to be to be invalid or unenforceable in whole or in part, the validity of the other provisions in question shall not be affected thereby.
Rosella Collections reserves the right to amend these Conditions from time to time. A copy of the current Conditions is always available from Rosella Collections upon request.
Orders placed are subject to the Conditions prevailing on the day the orders are placed.
All notices given by the Customer to Rosella Collections must be given to The Customer Service Manager, Rosella Collections, 2 Weir Place, Staines, TW18 3NB. Rosella Collections may give notice to the Customer at either the email or postal address the Customer provides to Rosella Collections when placing an order or the place of business of the Customer. Notices shall be deemed to have been received 24 hours after an email is sent or 48 hours after posting (5 days if posted outside the UK).
These Conditions and any Contract shall be governed by and construed according to the Laws of England. Any dispute shall be subject to the exclusive jurisdiction of the Courts in England and Wales save that Rosella Collections may take proceedings in respect of any Contract in any country.