Website usage terms and conditions
The term ‘Berrys & Grey’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is:
Berrys & Grey ltd,
4 & 5 The Royal Arcade
Email : email@example.com Tel: 01603 627505Our company VAT registration number is: 268 7568 41.
•The content of the pages of this website is for your general information and use only. It is subject to change without notice.
•Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or
errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
•Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
•This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
•All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Private supplier information is supplied on request.
•Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
•From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
•Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales. Contract of payment We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Your payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us when we send to you an email that the goods have been sent to you. Our acceptance of your order brings into existence a legally binding contract between us.
•Prices The prices payable for goods that you order are as set out in our website. The prices on our website may vary from those labelled in our outlets.
All orders are subject to acceptance and availability. If the Goods you have ordered are not available from our stock or are not standard stock items, we will contact you by e-mail or phone (if you have given us details to do so). You will have the option either to wait until the item is available from stock or to cancel your order and offered a refund. Please do so via emailing us at firstname.lastname@example.org
Our standard delivery charges are listed in our delivery section per delivery but may vary according to the delivery address – This may change at any time.
For deliveries overseas you may be required to pay extra for delivery. Email us at email@example.com or call for further details before you place your order.
Delivery is via Royal Mail, DPD or via personal courier, depending on the size ad weight of the item.
Normal delivery schedules are Monday - Friday (excluding public holidays). We use a reliable and safe 3-7 working day delivery service in order to keep delivery charges down. Furniture will take up to three-four weeks to be delivered and we cannot guarantee a delivery date.
We are only able to deliver to addresses within the United Kingdom and it might not be possible for us to deliver to some locations.
We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Any changes to your delivery address after your order has been
processed for dispatch may result in additional administrative charges and re-delivery charges.
When a delivery date has been arranged please ensure that you are available at your address to accept the delivery. Should our delivery agent arrive and there is no one available to accept delivery, unfortunately you may incur a second delivery charge. Please ensure that someone is available to accept the delivery.
We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
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, damage or destruction.
On arrival, all goods must be inspected within reasonable time. Any damages or shortages cannot be corrected after 7 working days ('Working Day' means all days other than Saturdays, Sundays and public holidays).
Please do not fix or install any goods that appear damaged. If you use the goods, you have deemed to have accepted them.
Ownership of rights
All rights, including copyright, in this website are owned by or licensed to Berrys & Grey. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only. A vast amount of our products are hand-made and therefore will vary from the weights, dimensions and capacities given.
Under the Distance Selling Regulations you have the legal right to cancel your order within seven days of receipt of your goods (with the exception of any made to order items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. However, you will need to notify us in writing or email if you wish to cancel your contract WITHIN seven days.
You cannot cancel your contract if you have destroyed the packaging in which our products were delivered to you.
If you have received the goods before you cancel your contract then [unless, for which you do not have a right to cancel] you must send the goods back to the address supplied by us at your own cost and risk. It is recommended you take out an acceptable form of proof of postage and insurance on the goods against damage or loss.
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 the address supplied by us at your own cost and risk as soon as possible. It is recommended you take out insurance on the goods against damage or loss.
Once you have notified us in writing or email that you wish to return your goods, you can - providing you pay the cost of returning them. You are highly recommended to insure the
goods which you are returning. Once your goods have been received in a re-saleable condition your payment will be re- credited to your account within 30 days.
You will only be re-credited for the costs incurred in returning faulty goods, or goods that do not comply with what was ordered. Please keep proof of return costs.
All goods returned to us must be in perfect condition with the product packaging undamaged. You have a statutory duty to restore those goods to us and, in the meantime, to keep them and take reasonable care of them. As such it is recommended you take out insurance on the goods against damage or loss. Return postage is non-refundable and at your own cost.
Glassware cannot be returned on the basis of having defects, or bubbles within the glass. Ceramics are all individually made and therefore will have natural flaws which are not seen as a fault in the product. All of our products may vary from that of the photographs in colour and finish as most of our products are made and/or finished by hand.
On these terms you must return the items in their original packaging and return cost cannot be refunded and is sent back at your own cost. Please obtain and keep proof of postage.
We will charge your account for payment upon receipt of your order. If your offer is rejected then a full refund will be made. We accept no liability if a delivery is delayed because you did not give us the correct payment details. We strongly advise that a contact telephone number is given on entering delivery information. If it is not possible to obtain full payment for the goods from your account then we can cancel the contract and or suspend any further deliveries to you. This does not affect any other rights we may have.
Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time,
the time when we tried to deliver. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full.
Damage to your computer
We try to ensure that this website is free from viruses or defects. It is your responsibility to ensure that the right equipment and software is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
Payment can be made using all major credit or debit cards, including PayPal with the exception of American Express. Payment can also be made by cheque, bankers draft or postal order and can be sent to our address above. Made payable to: Red Ice Ltd T/A Berrys & Grey.
In the interests of preventing fraudulent use of credit, debit and charge cards, www.berrysandgrey.co.uk will validate the names, addresses, and other information supplied during the order process against commercially available records (eg Electoral Roll data, Credit Reference Services). A third party may also be instructed to complete these checks. By ordering from the www.berrysandgrey.co.uk website you consent to such checks being made. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information.
Acknowledgement and acceptance of your order
You will need to provide us with your e-mail address and we will notify you by e-mail as an acceptance of your order, this will take place on despatch of the good(s) ordered.
Cancellation by us
We reserve the right to cancel the contract between us if: - We have insufficient stock to deliver the goods you have ordered- We do not deliver to your area; or
- 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.- 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 the cancellation.
If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 60 days of the date on which you ordered the goods (unless this is not reasonably practicable). If you notify a problem to us under this condition, our only obligation will be, at your option:
- To make good any shortage or non-delivery;- To replace or repair any goods that are damaged or defective; or- To refund to you the amount paid by you for the goods in question.- Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract. Neither party shall have any liability to the other party for a claim of loss of profits.- 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 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.
- Please be advised that you need to comply with all applicable regulations and legislation and where applicable you are responsible for ensuring all that only suitably qualified persons are engaged to install goods purchased from our site, ie lighting, fixture and fittings.
- Notwithstanding the foregoing, nothing in these terms and conditions affects your statutory rights.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing or email and sent to our contact address given above.All notices from us to you may be displayed on our website from to time.
Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
www.berrysandgrey.co.uk is committed to protecting the privacy of anyone using our site and the confidentiality of any information that you provide us with. The purpose of this statement is to set out how we use any personal information that we may obtain from you.
Data Protection Act 1988
We are registered under the Data Protection Act and comply with the Act in all our dealings with your personal data.
Use and collection of personal information
In general you can visit our website without telling us who you are and without revealing any information about yourself. If, however, you purchase goods from www.berrysandgrey.co.uk you will be asked to provide certain information such as your contact details. We will store this data and hold it on computer or otherwise.
We may use information that you provide:a. To register you with our website and to administer it.b. For assessment and analysis e.g. marketing, customer and product analysis, to enable us to review, develop and improve our services.
c. We may collect information to enable us to inform you from time to time, by email or post, of new products and services available from www.berrysandgrey.co.uk.
There is a technology called "cookies" which may be used by us to provide you with, for example, customised information from our website. A cookie is an element of data that a website can send to your browser which may then store it on your system. If you wish, you can usually adjust your browser so that your computer does not accept cookies. Please remember cookies do not contain confidential information such as your home address, telephone number or credit card details. We do not exchange cookies with any third party websites or external data suppliers. However, certain products on our website will require a 3rd party cookie to be set when www.berrysandgrey.co.uk acts as an affiliate to another site.
We endeavour to take all reasonable steps to protect your personal information. We will not be responsible for any breach of security unless this is due to our negligence or wilful default.