Terms and Conditions

OUR TERMS

  1. These Terms

1.1  What these terms cover. These terms and conditions on which we supply our 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 provide products to you, how you or we may change or end the contract, what to do if there is a problem and other important information.

  1. Information about us and how to contact us

2.1  Who we are. We are Roses Retail Ltd. trading as Polka Dot Rose a company registered in England and Wales. Our company registration number is 07761489 and our registered office is 26 Woodland Road East, Colwyn Bay, Conwy, LL29 7DT

2.2  How to contact us. You can contact us by writing to us at office@polkadotrose.co.uk

2.3  How we may contact you. If we have to contact, you we will do so by telephone or in writing to you at the e-mail address or postal address you provided to us in your order.

2.4  “Writing” includes e-mails. When we use the words “writing” or “written” in these terms, this includes e-mails.

  1. Our contract with you

3.1  How we will accept your order. Our acceptance of your order will take place when you e-mail you to accept it, 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 may be because the product is out of stock, or because of an unexpected occurrence which we could not reasonably plan for.

3.3  Your order number. We will assign a 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.

3.4  We only sell to the U.K. Our website is solely for the promotion of our products in the U.K. Unfortunately, we do not accept orders OR deliver to addresses outside the U.K.

  1. 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 products. Your product may vary slightly from those images.

4.2  Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

  1. Your rights to make changes

If you wish to make changes 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 consequence of making the change are unacceptable to you, you may want to end the contract (see clause 8 – your rights to end the contract).

  1. Our rights to make changes

If we do make changes to the product and these terms 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 but not received.

  1. Providing the products

7.1  Delivery costs. The costs of delivery will be displayed to you on our website.

7.2  When we will provide the products

  1. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
  2. 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 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, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.3  Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods, then you may treat the contract as at an end straight away if any of the following apply:

  1. We have refused to deliver the goods
  2. Delivery within the delivery deadline was essential (taking into account all the relevant circumstances) or;
  3. You told us before we accepted your order that delivery within the delivery deadline was essential

7.4  Ending the contract for late delivery. If you do chose to treat the contract as at an end for late delivery under clause 7.3, you can cancel your order for any goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of the goods (not all of them), unless splitting the up would significantly reduce their value. After that we will refund any sums you have paid us for the cancelled goods and their delivery. If the goods have been delivered to you, you must post them back to us. Please e-mail to us at office@polkadotrose.co.uk for a return label.

7.5  When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.

7.6  When you own the goods. You own the goods once we have received payment in full.

  1. 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.

  1. If what you bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 10
  2. If you want to end the contract because of something that we have done or have told you we are going to do, see clause 8.2
  3. If you have 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.
  4. In all other cases (if we are not at fault and there is no right to change your mind).

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 (d) 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 entitles to compensation. The reasons are;

  1. We have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6);
  2. 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;
  3. There is a risk that supply of the products may be significantly delayed because of events outside of our control;
  4. 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). In compliance with these regulations you have a legal right to change your mind within 14 days and receive a refund. However, the consumer has to pay for the cost of the return of the goods.

  1. 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

e-mail, at office@polkadotrose.co.uk. Please complete cancellation form.

9.2  Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us by post at; Polka Dot Rose, 26 Woodland Road East, Colwyn Bay, Conwy, LL29 7DT. If you are exercising your right to change your mind you must send off 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:

  1. If the goods are faulty or mis-described.
  2. 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 delivering 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  How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price as described below.

9.5  Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

  1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of 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.
  2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper option.

9.6  When your refund will be made.

Within 14 days from the day on which we receive the product back.

  1. If there is a problem with the product

10.1  How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at office@polkadotrose.co.uk. Summary of your legal rights. We are under legal duty to supply products that are in conformity with the contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.


Summary of your legal rightsThis is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit Citizens Advice website www.adviceguide.org.uk or call 0345 04 05 06.If your product is goods, for example (furniture or a laptop), the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

Up to 30 days: if your goods are faulty, then you can get an immediate refund.Up to six months: if your goods can’t be repaired or replaced, then you are entitled to a full refund, in most cases

Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. See also Exercising your right to change your mind (Consumer Contract Regulations 2013)


10.2  Your obligation to return rejected products. If you wish to exercise your legal rights to reject products, please post them back to us.

  1. Price and payment

11.1  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 will take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.

11.2  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.

11.3  When you must pay and how you must pay. We accept payment through PayPal. You must pay for the products before we dispatch them.

  1. Our responsibility for loss or damage suffered by you

12.1  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.

12.2  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 (as summarised in at clause 10.1 OR 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; and for defective products under the Consumer Protection Act 1987.

12.3  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.

  1. How we may use your personal information

13.1  We will use the personal information you provide to us:

  1. To supply the products to you;
  2. To process the payment for the products; and
  3. If you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

13.2  We will only give your personal information to other third parties where the law requires us to do so.

  1. Other important terms

14.1  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.

14.2  Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms in respect of our guarantee.

14.3  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.

14.4  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 products in the English courts. If you live in Scotland, you can bring legal proceedings in either Scottish or English courts. If you live in Northern Ireland, you can bring proceedings in respect of the products in either Northern Irish or the English courts. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution Platform.

Cancellation Form

(Complete and return this form only if you wish to withdraw from this contract)

 

To: Roses Retail Ltd, trading as Polka Dot Rose, 26 Woodland Road East, Colwyn Bay, Conwy, LL29 7DT office@polkadotrose.co.uk

I / We [*] hereby give notice that I / We [*] cancel my / our [*] contract of sale of the following goods

 

 

Order Number

Ordered on [*]  / received on [*]

Details of order

 

 

Reasons for cancellation

 

 

 

Name of consumer (s)

 

Address of consumer (s)

 

 

 

 

 

Signature of consumer (s) (only if this form is notified on paper)

 

 

Date

 

[*] Delete as appropriate