UK Terms & Conditions
JACARANDA CARPETS LIMITED. REGISTERED IN ENGLAND. COMPANY REGISTRATION NO 4774828. VAT NO 396 6841 37
- These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
- Information about us and how to contact us
2.1 Who we are. We are Jacaranda Carpets Ltd a company registered in England and Wales. Our company registration number is 04774828 and our registered office is at 1 Cockerel Rise, Magnetic Park, Desborough, Northamptonshire, NN14 2WE.
2.2 How to contact us. You can contact us by writing to us at [email protected] or Jacaranda Carpets Ltd, 1 Cockerel Rise, Magnetic Park, Desborough, Northamptonshire, NN14 2WE
2.3 How we may contact you. If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you an order confirmation, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 2.5% tolerance and for Himalayan hand knotted rugs there is a 5% tolerance.
4.2 Handmade products may vary. The buyer agrees:
(a) Unlike machine-woven goods; hand-woven, hand-tufted or hand-knotted goods ordered from the seller will not have a uniform finish and the buyer agrees that the seller shall not be liable for any discrepancies in such hand-woven, hand-tufted or hand-knotted goods including but not limited to slight variations in colour and weave unless caused by the sellers negligence;
(b) velvet hand woven carpets may show shading or develop pile reversal and that such Pile Reversal is not a manufacturing defect;
(c) all Goods are made from natural fibres and that natural fibres may fade over time and that such fading may be accelerated where the Goods are undyed or exposed to strong light.
4.3 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.4 Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. Please also note the tolerance levels detailed in clause 4.1 above.
- Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
- Our rights to make changes
6.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
6.2 More significant changes to the products and these terms. In addition, if we make any significant changes we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
- Providing the products
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will make the products available. During the order process we will let you know when we will make the products available for you to collect at your chosen store.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
7.4 Collection by you. Once the product is ready for collection you can collect them from the chosen store at any time during their opening hours. Please see the store’s website for opening times. Please note that the store the products are delivered to may offer delivery of the products to you at their discretion and at an additional cost. Any delivery of the products will need to be arranged by you directly with the relevant store. You acknowledge that we will not be held liable for any failure by the store to deliver products to you and in the event that the products are not collected by you from the store clause 7.5 of these terms and conditions will apply.
7.5 If you do not collect. If you do not collect the products from your chosen store as arranged within 7 days of them being ready for collection (regardless of whether you have separately arranged for delivery the products with the store) we will contact you for further instructions and may charge you for storage costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange collection we may end the contract and clause 10.2 will apply.
7.6 Your legal rights if we deliver goods late. You have legal rights if we deliver stock items more than 10 working days or bespoke items more than 30 working days after the estimated delivery date given on your order confirmation. If we exceed these lead times for any goods then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods to the chosen store; or
(b) you told us before we accepted your order that delivery within the delivery deadline was essential.
7.7 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.6, you can cancel your order for any of the goods or reject goods that have been delivered to a store. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must allow us to collect them from you. We will pay the costs of postage or collection. Please email us at [email protected] to arrange collection.
7.8 When you become responsible for the goods. A product will be your responsibility from the time they are delivered to your chosen store and become ready for collection.
7.9 When you own goods. You own a product which is goods once we have received payment in full.
7.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, size, border type, colour or line direction. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.11 We may also delay or cancel delivery of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may delay or cancel delivery of the products to your chosen store until you have paid us the outstanding amounts. We will contact you to tell you we are delaying or cancelling delivery of the products. We will not delay or cancel delivery of the products where you dispute the unpaid invoice (see clause 12.6).
- Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), there will be no right to a refund
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed (see clause 7.6) because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) Bespoke products made specifically to your order once we have commenced manufacture or production of the product; and
(b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
8.5 How long do I have to change my mind? Subject to clause 8.4, you have 14 days after the day you (or someone you nominate) receives the goods.
- How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Email. Email us at [email protected]. Please provide your name, home address, details of the order including confirmation order number and, where available, your phone number and email address.
(b) By post. Simply write to us at Jacaranda Carpets Limited, 1 Cockerel Rise, Magnetic Park, Desborough, Northamptonshire, NN14 2WE, including details of what you bought, when you ordered, when received it, confirmation order number and your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been collected by you, you must return them to us in their original packaging and in the same condition that they were made available to you. You must either return the goods to the click and collect retailer or Jacaranda Carpets Ltd, 1 Cockerel Rise, Magnetic Park, Desborough, Northamptonshire, NN14 2WE. If you are exercising your right to change your mind you must return the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
9.4 In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return. If you are returning a product because it is faulty you will need to arrange the return of the product and a refund for the costs of return will be made once the product arrives back to us and we have had an opportunity to assess and confirm that the product is faulty.
9.5 How we will refund you. We will refund you the price you paid for the products including delivery costs if applicable, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
- Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, size, border type, colour or line direction; or
(c) you do not, within a reasonable time, collect the products from us.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract and in the instance of bespoke made to order goods no refund will be made.
- If there is a problem with the product
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact the store where you collected your rug alternatively e-mail [email protected]. You will be required to provide an image if you believe there to be a fault in your rug.
11.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to the store you collected them from or post them back to us. Please see clauses 9.3 and 9.4 above in relation to returning products.
- Price and payment
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay. We accept payment via visa and mastercard credit cards, debit cards and Paypal. You must pay for the products in full at the time you place an order.
12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed]; and for defective products under the Consumer Protection Act 1987.
13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- How we may use your personal information
- Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.