These Conditions govern Your use of this website (the “Website”). By accessing the Website and/or placing an order You agree to be bound by these Conditions set out below. Please read the Conditions carefully as they affect Your rights and liabilities under the law. If You do not agree to be bound by the Conditions You may not use or access this Website.
If You have any questions on the Conditions, please contact firstname.lastname@example.org.
“Bespoke Goods” means non standard goods manufactured to a specification provided by You to Us;
“Special Order Goods” means goods which are commissioned specifically for you from the manufacturer.
“Stock Goods” means goods displayed for sale on this Website from our store / warehouse other than Special Order Goods and Bespoke Goods;
“Conditions” means these terms and conditions and the Special Conditions;
“Goods” means Stock Goods and Bespoke Goods;
“Special Conditions” means any term and conditions for use and maintenance of the Goods which are specific to the Goods purchased;
“Personal Information” means the details provided by You when placing Your order;
“We/Us/Our” means Smith’s The Rink Ltd;
“Website” means this website located at www.smithstherink.co.uk or any subsequent URL which replaces it;
“Cookies” means pieces of information that the Website transfers to Your hard drive to store and sometimes track information about You;
“You/Your” means a user of this Website.
Amendments to the Website
We may update these Conditions from time to time for any reason including but not limited to legal or regulatory reasons or to allow the proper operation of the Website. Any changes will be notified to You via a suitable announcement on the Website. The changes will apply to the use of the Website after We have given notice. If You do not wish to accept the new Conditions You should not continue to use or access the Website. If You continue to use the Website after the date on which the change comes into effect, Your use of the Website indicates Your agreement to be bound by the new Conditions.
We may modify or withdraw, temporarily or permanently, this Website, (or any part thereof) with or without notice to Your and confirm that We shall not be liable to You for any modification or withdrawal of the Website.
Availability of the Website
Although We aim to offer You the best service possible, We make no promise that Our services on the Website will meet Your requirements. We cannot guarantee Our services will be fault-free. If a fault occurs with the Website You should report it to Us and We will attempt to correct the fault as soon as We reasonably can.
Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore Our service as soon as We reasonably can.
Our Liability for Website content
The Website provides content from other Internet sites or resources and while We try to ensure that material included on the Website is correct, reputable and of high quality, We do not make any warranties or guarantees in relation to that content. If We are informed of any inaccuracies in the material on the Website We will attempt to correct the inaccuracies as soon as We reasonably can.
If We are in breach of this Conditions, We will only be responsible for any losses that You suffer as a result to the extent that such losses are a foreseeable consequence to both of us at the time You use the Website. Our liability under this Condition shall not in any event include business losses such as lost data, lost profits or business interruption.
Your Liability for Website content
You may not use the Website for any of the following purposes and You will be liable to indemnify Us for any direct and indirect losses and costs resulting from Your breach of the following:
o disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
o transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
o interfering with any other person’s use or enjoyment of the Website;
o making, transmitting or storing electronic copies of materials protected by copyright without Our permission.
1. You will place an order for the Goods on the Website by pressing the confirm button at the end of the order process. Your order is an offer to buy from Us. All orders must be accompanied by a deposit of 20% (twenty percent) of the total price of the ordered Goods (“the Deposit”) (excluding the delivery charge);
2. We will send You an order acknowledgement by e-mail containing details of the Goods ordered. The e-mail is an automated response and is not acceptance by Us of Your order;
3. We will endeavour to contact You via telephone to discuss Your order including the applicable delivery charge. Following the telephone call We will write to You at the address specified in Your order to confirm the order. The legal contract is formed when We write to You to confirm the order;
4. When the Goods become available We will contact You via the telephone to arrange delivery of the Goods and to take payment of the outstanding balance due to Us. Any balance can be settled by one of the following methods of payment: Cash, Switch/Maestro, Solo, Visa Debit, Visa Electron, Visa or Mastercard; Please note cash payments will only be accepted in store. Any outstanding payments not covered by a credit agreement between Us must be made by You in full prior to dispatch of the Goods from Our warehouse.
Purchase of Goods
Orders for Goods
The procedure for the creation of a legal contract for the sale of Goods by Us to You is as follows:
If You make a online payment to Us by credit or debit card Your credit/ debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment of the Deposit must be given when You place Your order.
We will take all reasonable care, in so far as it is in Our power to do so, to keep details of Your order and payment secure, but in the absence of negligence on Our part We cannot be held liable for any loss You may suffer if a third party procures unauthorised access to any data You provide when accessing or ordering from the Website.
Descriptions of Goods
All prices set out on the Website are inclusive of any VAT.
Our Goods are sold subject to its description which refers You to any Special Conditions applicable to that particular item of Goods.
We take all reasonable care to ensure that all details, description and prices of Goods appearing on the Website are correct at the time when the relevant information was entered onto the system except that, the measurements of all Stock Goods are approximate.
Although We aim to keep the Website as up to date as possible, the details, description and price of the Goods appearing on this Website at a particular time may not always reflect the accurate position exactly at the moment You place an order. We cannot confirm the price of the Goods until Your order is accepted by Us in accordance with point 3 in the Orders for Goods section above.
Measurements of Goods
We accept no liability arising from any inaccuracy in the measurements set out in the description of any Stock Goods.
It is Your responsibility to ensure:
· there is adequate access to Your premises for Us to provide delivery of the Goods ordered; and
· the Goods’ ordered will freely pass through into the room of Your choice, if You are in any doubt please contact us to arrange a site visit by Our representative before Ordering the Goods on Our Website; and
· the suitability of the Goods’ ordered for Your chosen location and purpose.
Delivery charges may be payable by You for Delivery of Your Goods. The amount of the Delivery Charge will depend on the location of the delivery address. We will notify You of the delivery charge payable at point 3 in the Orders for Goods section above.
We will endeavor to deliver the Goods within 28 days of the Goods being available for delivery and to deliver in the agreed time slot (either a morning (am) or afternoon (pm) however time of delivery shall not be of the essence and for the avoidance of doubt We shall not be liable for any direct indirect or consequential loss or damage suffered by You arising due to delay in delivery or non-delivery of Goods.
If Our delivery staff consider the means of access is unsafe We will not deliver the Goods until You provide Us with safe access.
We will not be responsible for any additional costs, other than normal transport costs, in effecting a delivery including (without limitation) the removal of doors and windows to gain access.
You are obliged to provide Us with any required parking permits in advance and shall indemnify Us for any parking costs or parking fines incurred whilst unloading Your Goods at the delivery address.
Delivery of the Goods will be made to the main entrance of the delivery address set out in the letter confirming Your order. If the delivery address details are incorrect You must notify us within 3 working days of the date of the letter. Please note that We deliver Goods only to specified regions within mainland England and Wales. In the event that the corrected address provided by You to Us is not within the specified regions within which We deliver, We will be in a position to terminate the contract between us We shall not be liable to You for any direct or indirect losses arising out of termination of the contract.
If We are invited to place the Goods in position in the delivery address We will do so as a invitee of You. Save where damage results from Our negligence or Our employees’ negligence We will not be liable for any damage to Your property or that of third parties or of any premises occurring in the course of Our delivery of the Goods to You. All Goods must be inspected on delivery by You (or an adult representing You) and You (or an adult representing You) shall sign a delivery note to confirm the delivery and inspection of the Goods. We may treat a refusal to sign a delivery note as a refusal to take delivery of the Goods being delivered.
We may deliver the Goods by separate installments and We will notify You on delivery of the first installment if delivery by a second or further installment is required.
If You are unable, for whatever reason to take delivery of the Goods on the agreed delivery date including but not limited to where the means of access is unsafe, We reserve the right to charge You an additional delivery charge for each subsequent delivery which is payable in advance of any further attempts by Us to deliver Your order.
We will store Your Goods free of charge for a maximum period of 28 days from the later of the Goods being available for delivery or from Our first attempt at delivery, thereafter We reserve the right to charge You a storage fee for on a daily basis.
Termination of the Order
We may terminate an order placed by You for Goods if:
· the Goods are discontinued or unavailable from stock; or
· we do not deliver to your area
· We are unable to obtain authorisation from Your bank or credit card company for payment of the Deposit for the Goods or any other sums owing to Us under these Conditions; or
· We identify a pricing error on the Website; or
· You fail within 14 days of being notified that the outstanding balance is due to Us under section (4) of the Orders for Goods Condition above to either pay for the Goods in full or to enter into a credit agreement with Us.
Unavailability of the Goods
If for any reason, We are unable to supply any particular Goods, We are not liable to You except to ensure that any Deposit You have paid for the particular Goods is refunded to You and You are not subsequently charged for the particular Goods provided always that where You have caused Us to be unable to supply the particular Goods We shall not be liable to refund the Deposit.
Cancellation of Orders for Bespoke Goods or Special Order Goods by You
We will only accept notice of Cancellations of orders for Bespoke Goods or Special Order Goods if the order can be cancelled with Our suppliers without incurring a fee. If a fee is payable to our supplier to cancel the order any Deposit paid by You will not be refunded. If We are able to cancel the order with Our suppliers without incurring a fee We will refund the Deposit paid by You for the Bespoke Goods in full within 30 days’ of receipt of the notice of cancellation. We do not accept cancellations for Bespoke Goods at any time from (the earlier of either) 7 days from the date of the letter confirming Your order or once We have confirmed the Bespoke Goods are available for delivery.
Cancellation of Orders for Stock Goods by You – Cooling off period (online Orders Only)
If You feel it necessary to return Stock Goods, You may provide notice to cancel the contract for the purchase of the Stock Goods at any time from placing the order with Us to within 14 (fourteen) days of delivery of the Stock Goods. To exercise the right to cancel you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by recorded post or email). You must following such cancellation return the relevant Stock Goods to Smith’s The Rink Ltd, Dragon Road, Harrogate in its original, unused condition in secure and original packaging within 21(twenty one) days of delivery.
Due to the nature of some of our products in the interests of health and hygiene reference Distance Sellers Act 2000 we are unable to offer a refund on any duvet, pillow, mattress, mattress protector, mattress toppers or other item which is likely to be used against naked skin unless the product is faulty. This does not affect your statutory rights.
If you wish to inspect a mattress prior to use, please instruct the delivery staff not to unseal the mattresses and to leave all outer packaging with you.
Please note Bespoke Goods or Special Order Goods cannot be returned to Us, this does not affect your rights under the Warranty below.
You are responsible for any costs of returning Stock Goods to Us under this Condition unless the Stock Goods are defective or We have delivered the Stock Good to You in error. If We receive Stock Goods from You which are not in their original condition and packaging We are entitled to reimburse such proportion of the price paid by You for the Stock Goods as We in Our reasonable option see fit. Any refund on monies paid by You under this Condition will be made within 7 days of the receipt of the returned Stock Goods.
Subject to the Conditions of Our Liability below If You provide valid notification to Us in respect of any of the Goods which is based on a defect in the quality or condition of the Goods within 12 months of the date of delivery and You allow Us reasonable access to the Goods to examine the same to assess the nature of the defect alleged by You, and if We agree with Your assertion the relevant Goods are defective and the defect was not caused by Your act or omission We may at Our sole discretion either:
1. repair the defective Goods;
2. replace the defective Goods (or the part in question) free of charge to the exclusion of all other remedies to the greatest extent permitted by law. The defective Goods shall be available for prompt collection by Our transport or a carried appointed by Us from a point within the mainland England and Wales. Goods being returned to Us from places outside of mainland England and Wales shall be returned to Our Store premises at Smith’s The Rink Limited, Dragon Road, Harrogate, North Yorkshire, HG1 5DR with You responsible for any costs associated with such carriage to Our premises. If We are replacing defective Goods We are only obliged to deliver the Goods to the same delivery address as the defective Goods were delivered to at which time risk in the Goods passes to You and You are responsible for onward transportation costs; or
3. refund the price (or a proportionate part of the price) of the defective Goods in which case the defective Good shall become Our property but We are under no obligation to collect the defective Good from Your premises or arrange for disposal of the defective Good.
But for the avoidance of doubt none of the remedies above shall be available if the defect arose from fair wear and tear or was attributable to the act or default of some person other than Us and Our employees.
Conditions of Our Liability
We shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by You;
We shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow Our instructions (whether oral or in writing), misuse or alteration or repair of the Goods without Our approval;
We shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment;
The above warranty does not extend to parts, materials or equipment not manufactured by Us, in respect of which You shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to Us.
Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
Except in respect of death or personal injury caused by Us negligence, or liability for defective products under the Consumer Protection Act 1987, We shall not be liable to You 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 loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by Our negligence or the negligence of Our employees or agents or otherwise) which arise out of or in connection with/by the negligence of Us or Our employees or agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply the Goods in accordance with the Contract or at all) or their use or resale by You, and Our entire liability under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Terms.
Please note the following Product information which forms part of our Conditions of Liability: Surface fillings of mattresses may flatten. This is called dipping or settlement and is normal with use.
Furniture manufactured from natural materials (e.g. leather, wood and marble) will all have an individual appearance and may have a slight variance in colour and texture. A perfect match to the furniture on display on the Website cannot be guaranteed and a reasonable tolerance level will be applied. This adds to the individuality and character of each item manufactured. Leather furniture will display natural characteristics such as scarring and variations in grain. In the cases of semi-aniline and aniline leathers, there will also be colour variations. Solid wood furniture will display a variation in grain, knots and there may also be colour variation.
Marble furniture will display veining and there may also be colour variation.
We operate a continuous policy of Product improvement and we therefore reserve the right to vary the specification of any Product from that displayed on the Website, provided that the overall quality of the Product shall remain unaltered.
Risk and title
The risk in the Goods passes to You on delivery of the Goods to You or delivery of the Goods to any carrier acting on Your behalf. The title to the Goods shall not pass to You until the price of the Goods ordered is paid in full in cleared funds.
No Commercial Use
The online store on Our Website is available for non-commercial and domestic use only. The Company reserves the right to refuse orders from businesses or orders that We consider are for commercial or other non-domestic concerns.
The content of the Website is protected by copyright, trade marks, database right and other intellectual property rights. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for Your own personal, non-commercial use, provided You keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from Us.
The failure of either party at any time or times to require performance of any provision hereof shall not affect that party's right to enforce such provision at a later time. No waiver by either party of any conditions or the breach of any term covenant representation or warranty contained in this Agreement in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or be deemed to be or construed as a waiver of the breach of any other term covenant representation or warranty in this Agreement.
It is the intention of the parties that no person not a party to this Agreement shall have any rights in relation to it under the Contracts (Rights of Third Parties) Act 1999.
This Agreement sets out the entire agreement between the parties in connection with its subject matter and neither party has entered into this Agreement in reliance on any warranty, representation or statement made by the other which is not set out in this Agreement. Nothing in this Agreement purports to exclude liability for any fraudulent statement or act.
All notices and communications required to be sent by You shall be made and sent by e-mail to email@example.com or first class post to Smiths The Rink ltd, Dragon Road, Harrogate, HG1 5DR.
All notices and communications required to be sent by Us shall be made and sent by e-mail to the e-mail address or post to the postal address provided to Us when you placed Your order.
If sent to Us at Our e-mail address or by first class post to Smiths The Rink ltd, Dragon Road, Harrogate, HG1 5DR or to Your e-mail address or by mail postal address it shall be deemed to have reached the party to whom it is addressed on the next business day following the day of posting.
In the event that any provision of these Conditions or any part of such is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indication of the same are received by either of the parties from any relevant competent authority the parties shall amend the relevant part of that Condition in such reasonable manner as achieves the intention of the parties without illegality or at Our discretion that part of the relevant provisions may be severed from this Agreement in which event the remaining Conditions and the remaining part of the relevant condition shall remain in full force and effect.
Both parties will be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulations, import or export regulations or embargoes, strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Us or a third party), difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery or any other cause beyond the reasonable control of the parties rendering performance of the contract for the sale of the Goods impossible provided that this condition shall only have effect at Our discretion except when such event renders performance impossible for a continuous period of 2 (two) calendar months.
These Conditions and the contract shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England.
Any proceedings arising out or of in connection with the Website or the order for Goods may be brought in any court of competent jurisdiction in England.
It is our responsibility to supply you with goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations please contact us.