Ruby Rose Fabrics

Please note that our printed fabrics can be used for curtains, soft furnishings and decorative upholstery only, while some of our woven fabrics can be used for more durable purposes.All products are dry clean only.Orders will be delivered within 30 days of accepting your order.

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Ruby Rose Designers

Bespoke Service

RUBY ROSE FABRICS
TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS AND PROVISION OF SERVICES VIA OUR WEBSITE

1 Interpretation

1.1 In this section:
"YOU, YOUR" means the person named on the order or Specification Sheet for whom we have agreed to provide either the Goods or Specified Service in accordance with these Terms;
"CONTRACT" means the contract for the provision of either the Goods or the Specified Service;
"DOCUMENT" includes, in addition to a document in Writing, a map, plan, design, drawing, picture or other image, or any other record of any information in any form;
"GOODS" means the items advertised for sale on our website;
"INPUT MATERIAL" means any Documents or other materials, and any data or other information provided by you relating to the Specified Service;
"ORDER" means your order placed with us for the supply of Goods;
"OUTPUT MATERIAL" means any Documents or other materials, and any data or other information provided by us relating to the Specified Service;
"SPECIFICATION SHEET" means our completed standard specification sheet provided by you and accepted by us;
"SPECIFIED SERVICE" means the service to be provided by us for you and referred to in the Specification Sheet;
"WE, OUR, US" means Janet Marie Dixon and Catherine Sainsbury trading as Ruby Rose Fabrics;

1.2 The headings in these Terms are for convenience only and shall not affect their interpretation.

SECTION A - Supply of Goods

A1 The contract between us

We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.

A2 Price

A2.1 The prices payable for goods that you order are as set out in our website.

A2.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.

A3 Right for you to cancel your contract

A3.1 You may cancel your contract with us for the goods you order at any time up to the end of the fourteenth day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

A3.2 You cannot cancel your contract if the goods you have ordered are fabrics which have been cut to your order, fabrics designed to order under our terms of supply or other items which have been specifically designed or manufactured for you.

A3.3 To cancel your contract you must notify us in writing.

A3.4 If you have received the goods before you cancel your contract then unless, under clause 3.2, you do not have a right to cancel you must send the goods back to our contact address at your own cost and risk within 14 days of your receipt of them. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

A3.5 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.

A4 Cancellation by us

A4.1 We reserve the right to cancel the contract between us if:

A4.1.1 we have insufficient stock to deliver the goods you have ordered;

A4.1.2 we do not deliver to your area; or

A4.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

A4.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

A5 Delivery of goods to you

A5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.

A5.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.

A5.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

A6 Liability

A6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 days of the delivery of the goods in question.

A6.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.

If you notify a problem to us under this condition, our only obligation will be, at your option:

A6.2.1 to make good any shortage or non-delivery;

A6.2.2 to replace or repair any goods that are damaged or defective; or

A6.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.

A6.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2(c) above.

A6.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

A6.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

SECTION B - Supply of the Specified Service

B1.1 We shall provide the Specified Service to the Client subject to these Terms. Any changes or additions to the Specified Service or these Terms must be agreed in Writing by us and you.

B1.2 The Specified Service shall be provided in accordance with the Specification Sheet and otherwise in accordance with our current website details, current brochure or other published literature relating to the Specified Service from time to time, subject to these Terms.

B1.3 Further details about the Specified Service, and advice or recommendations about its provision or utilisation, which are not given in our current website details, brochure or other promotional literature, may be made available on Written request.

B1.4 We may correct any typographical or other errors or omissions in our website details, brochure, promotional literature, quotation or other document relating to the provision of the Specified Service without any liability to you.

B1.5 We may at any time without notifying you make any changes to the Specified Service which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Specified Service.

B2 Charges

B2.1 Subject to any special terms agreed in writing you shall pay our Charges as detailed in the Specification Sheet when the Specification Sheet is submitted and within 7 days of an invoice from us any additional sums which are agreed between us and you for the provision of the Specified Service or which, in the Supplier's sole discretion, are required as a result of your instructions or lack of instructions, the inaccuracy of any material provided by you or any other cause attributable to you.

B2.2 All charges quoted to you for the provision of the Specified Service are exclusive of any Value Added Tax, for which you shall be additionally liable at the applicable rate from time to time.

B2.3 If payment of any additional charges is not made on the due date, we shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgment) at the rate of 4% above the base rate from time to time of Barclays Bank plc from the due date until the outstanding amount is paid in full.

B3 Rights in Input Material and Output Material

B3.1 The property and any copyright or other intellectual property rights in:

B3.1.1 any Input Material shall belong to you

B3.1.2 any Output Material shall, unless otherwise agreed in Writing between you and us, belong to us.

B3.2 You warrant that any Input Material and its use by us for the purpose of providing the Specified Service will not infringe the copyright or other rights of any third party, and you shall indemnify us against any loss, damages, costs, expenses or other claims arising from any such infringement.

B3.3 Subject to paragraph B3.2, we warrant that any Output Material will not infringe the copyright or other rights of any third party, and we shall indemnify you against any loss, damages, costs, expenses or other claims arising from any such infringement.

B4 Warranties and Liability

B4.1 We warrant to you that the Specified Service will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with the Specification and at the intervals and within the times referred to in the Specification Sheet. Where we supply in connection with the provision of the Specified Service any goods (including Output Material) supplied by a third party, we do not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign to you the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to us.

B4.2 We shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any Input Material or instructions supplied by you which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non arrival, or any other fault of you.

B4.3 Except in respect of death or personal injury caused by our negligence, or as expressly provided in these Terms, we shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of us, its servants or agents or otherwise) which arise out of or in connection with the provision of the Specified Service or their use by you, and the entire liability of us under or in connection with the Contract shall not exceed the amount of our charges for the provision of the Specified Service, except as expressly provided in these Terms.

B4.4 We shall not be liable to you or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Specified Service, if the delay or failure was due to any cause beyond our reasonable control.

B5 Termination

B5.1 Either party may (without limiting any other remedy) at any time terminate the Contract by giving Written notice to the other if the other commits any breach of these Terms and (if capable of remedy) fails to remedy the breach within 30 days after being required by Written notice to do so, or if the other goes into liquidation, becomes bankrupt, has a receiver appointed, makes a composition or voluntary arrangement with its creditors or enters administration, or a moratorium comes into force in respect of the other (within the meaning of the Insolvency Act 1986).

SECTION C - General Terms Apply to Both Supply of Goods and Supply of Specified Services

C1 These Conditions (together with the terms, if any, set out in the order for Specification Sheet) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in Writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

C2 A notice required or permitted to be given by either party to the other under these Terms shall be in Writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

C3 No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

C4 If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.

C5 English law shall apply to the Contract, and the parties agree to submit to the non exclusive jurisdiction of the English courts.

C6 Except for our affiliates, directors, employees or representatives, a person who is not a party to the contract or agreement subject to these Terms and Conditions has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of such contract or agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

C7 We shall have no liability to you for any failure to deliver Goods or to provide the Specified Services or any delay in doing so or for any damage or defect to the Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

C8 You acknowledge and agree to be bound by the terms of our privacy policy.

C9 Janet Marie Dixon and Catherine Sainsbury trading as Ruby Rose Fabrics (Ruby Rose) is providing this site on an 'as is' basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties. In addition, Ruby Rose makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. All liability of Ruby Rose howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

C10 Neither Ruby Rose nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

C11 Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit Ruby Rose liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

Privacy Policy RUBY ROSE FABRICS PRIVACY POLICY

Jane Marie Dixon and Catherine Sainsbury trading as Ruby Rose Fabrics are committed to ensuring that your privacy is protected. This privacy policy explains how we use the information we collect about you, how you can instruct us if you prefer to limit the use of that information and procedures that we have in place to safe-guard your privacy.

1 The information we collect and how we use it

When you order our goods or ask us to perform our services we need to know your name, postal ad-dress, e-mail address, telephone number, credit card number and expiry date.

We gather this information to allow us to process your orders you make. The relevant information is then used by us, our agents and sub-contractors to provide you with statements of your account and to communicate with you on any matter relating to the conduct of your account and the provision of the service in general.

We may also use aggregate information and statistics for the purposes of monitoring website usage in order to help us develop the website and our services and may provide such aggregate information to third parties.
These statistics will not include information that can be used to identify any individual.

From time to time we may provide your information to our customer service agencies for research and analysis purposes so that we can monitor and improve the services we provide. We or our agents and sub-contractors may contact you by post, e-mail or telephone to ask you for your feedback and com-ments on our services.

We may also wish to provide you with information about special features of our website or any other service or products we think may be of interest to you. If you would rather not receive this information, please send a blank e-mail message to enquiries@rubyrosefabrics.co.uk ].

We may also want to provide you with related information from third parties we think may be of interest to you. If you would rather not receive this information, please send an e-mail to enquiries@rubyrosefabrics.co.uk.

We may also provide your information to carefully selected third parties whose products or services we believe may be of interest to you. If you do not wish us to disclose your information in this way, please send an e-mail to enquiries@rubyrosefabrics.co.uk.

2 Our use of cookies and other information gathering technologies

Cookies are small files that are stored on your computer by websites. They are used by us to store your Shopping Basket contents whilst you browse and select products on our website. Without Coo-kies we would not be able to retain the products you select in your Shopping Basket. When you pur-chase the products in your Shopping Basket the Cookie file is automatically removed from your com-puter. If you leave the website without purchasing the products in your Shopping Basket the Cookie file is retained on your computer until you exit your web browser at which time it is automatically re-moved from your computer. This is for your convenience, in case you return to our website and wish to purchase the products you had previously stored in your Shopping Basket. No other tracking technologies or passive data collection methods are used on our website.

3 How we protect your information

The internet is not a secure medium. However we have put in place various security procedures as set out in this policy.

We store your personal details on our web server in order to process your order. Access to these de-tails is protected by a secure password login. We do not store any credit card details on our web serv-er. Our Payment Service Provider, Protx, collects and stores all Credit Card details for purchases on our website. Protx is a fully approved payment processor with all major UK acquiring banks and has gained accreditation under the Payment Card Industry Standards. All credit card details are stored on Protx servers, which are protected to the highest level from unauthorized access. Collection of your Credit Card details is via an encrypted form hosted by Protx so your details cannot be accessed whilst being sent to the Protx servers for authorization. Further information about Protx can be found on their website at www.protx.co.uk.

We also keep your information confidential. The internal procedures of Ruby Rose Fabrics cover the storage, access and disclosure of your information.

4 Sale of business

If this business is sold or integrated with another business your details may be disclosed to our advis-ers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.

5 Updating your details

If any of the information that you have provided to Ruby Rose Fabrics changes, for example if you change your e-mail address, name or payment details, please let us know the correct details by send-ing an e-mail to, or by sending a letter to Ruby Rose Fabrics, The Stonehouse, Woolhope, Hereford, HR1 4QR.

6 Your consent

By submitting your information you consent to the use of that information as set out in this policy. If we change our privacy policy we will post the changes on this page, and may place notices on other pages of the website, so that you may be aware of the information we collect and how we use it at all times. We will also e-mail you should we make any changes so that you may consent to our use of your information in that way. Continued use of the service will signify that you agree to any such changes.

Owing to the global nature of the Internet infrastructure, the information you provide may be transferred in transit to countries outside the European Economic Area that do not have similar protections in place regarding your data and its use as set out in this policy. However, we have taken the steps outlined above to try to improve the security of your information. By submitting your information you consent to these transfers.

7 How to contact Ruby Rose Fabrics

We welcome your views about our website and our privacy policy. If you would like to contact us with any queries or comments please send an e-mail to enquiries@rubyrosefabrics.co.uk

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