Terms & Conditions

YOUR ATTENTION IS DRAWN TO CLAUSES 13.4, 13.5, AND 16.

1.  These terms

These Terms and Conditions apply to orders on our website only.  If you are a business and have submitted an order by email or telephone, separate terms and conditions will apply to your order.  Please contact our customer services if you need help understanding which terms and conditions apply.

These Terms and Conditions were last updated on 22 December 2022. Please print or save a copy of these Terms and Conditions so that you can refer to them later.

 

2.  Where to find information about us and our products 

You can find everything you need to know about us, Gordon Rhodes Limited (a company registered in England and Wales with company registration number 07721573 and VAT registration number 118373808, and a registered office address of Dalesman House, Chase Way, Bradford, BD5 8HW), and our products on the website we operate (www.gordonrhodes.co.uk) or by contacting our Customer Services Team by emailing ask@gordonrhodes.co.uk, calling 01274 758 007 or writing to our registered office address before you order. We also confirm the key information to you in writing after you order by email to the email address you have provided.

3.  Customers & Consumers

3.1  Some of these terms apply to consumers only; some apply to business customers only. All other terms apply to all customers. These terms are marked as such.

3.2  You are classed as a business customer if you indicate to us that the products supplied by us will be used wholly or mainly in the course of your business or if you use the products in the course of your business, trade, craft or profession (even if you are an individual).

3.3  If you are not a business customer, you are a consumer customer. You have certain statutory rights as a consumer which are not affected by these terms.All references to ‘products’ in these terms and conditions means products which are goods.

4.  Use Of Our Website

4.1  We may update and change anything on our website from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

4.2  We have no responsibility for the content of other websites other than our own even if our site links to other websites.

4.3  How you may use the material on our website:

4.3.1  We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

4.3.2  We are the owner of the Gordon Rhodes Ltd (GR Range) logo and trademarks and you must not use these without our prior consent.

4.3.3  You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

4.3.4  You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

4.3.5  Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).

4.3.6  You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

4.3.7  If you print off, copy, download, share or repost any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4.4  We may restrict or suspend use of the website (typically for repairs, introduction of services or general maintenance) where possible we will post warnings on the site first. We will try to do this no more than we have to and keep the time of disruption as short as possible.

5.  Website Account

5.1  You may register for an account before you purchase products through the website. Alternatively, you may purchase products as a guest.

5.2  In order to register for an account, you must provide the following details:

5.2.1  first name;

5.2.2  surname;

5.2.3  company name (if applicable);

5.2.4  billing and delivery addresses;

5.2.5  email address; and

5.2.6  mobile number.

5.3  You shall ensure that all account details are true, correct, complete and up to date. You shall immediately amend your account details in accordance with clause 5.6 upon becoming aware of any changes to such details.

5.4  You are responsible for maintaining the confidentiality of your username and password and for restricting access to your account and computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account and password.

5.5  You shall inform us immediately if you have any reason to believe your username and/or password have become known to anyone else, or are being, or are likely to be, used in an unauthorised manner.

5.6  You can access and update your account details by logging into your account and using the ‘My Account’ section of the website.

5.7  You must not use the website and/or your account:

5.7.1  in any way that causes, or is likely to cause, our service, or any access to the website to be interrupted, damaged or impaired in any way; or

5.7.2  for fraudulent purposes, or in connection with a criminal offence or other unlawful activity; or

5.7.3  to cause annoyance, inconvenience or anxiety.

6.  Placing Your Order You

6.1  You must use the onscreen prompts to place an order through your account or as a guest. Our order process allows you to check and amend any errors before submitting an order.  You should check that your order is complete and accurate before you submit it.

6.2  When you place your order with us, you are offering to buy the products you order in accordance with these terms and conditions. There is no commitment on us to supply those products, at that price, or at all, until we have accepted your order.

6.3  Sometimes we may reject your order, for example, because a product is unexpectedly out of stock, because you are located outside the UK or ROI or because a product was mispriced by us. When this happens, we will let you know as soon as possible and refund any sums you have paid.

6.4  We will send you an order confirmation to confirm that we have received your order and are processing it at which point there is then a binding contract. We remain free to decline all or part of your order at any time before we decide to accept it. We will send you an e-mail to tell you if we decide to decline your order (or part of it). Upon acceptance of the order, you will own the product.

6.5  Our online store can only accept orders for delivery to the UK or ROI.

6.6  Please note that the only language in which the contract can be concluded is English.

7.  Products can vary

The products can vary slightly from their pictures.  A product’s true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different.

8.  Price

8.1  At Gordon Rhodes Ltd, our priority is to make sure you have a secure, safe and satisfying experience.

8.2  The price and delivery charges will be shown at the checkout. The price quoted for the products excludes delivery but includes VAT (where applicable).

8.3  You must pay for products (and delivery) when you place your order.

8.4  Gordon Rhodes Ltd accepts the following cards online via SagePay: Visa, Visa Electron, Visa Debit, MasterCard or Maestro. We regret that we are unable to accept other means of payment.

8.5  Gordon Rhodes Ltd may also accept Google Pay and Apple Pay from time to time, subject to availability.

8.6  The order will not be accepted unless payment has cleared. Please make sure that the expiry date on your debit/credit card is still in date otherwise we will not be able to accept your order. All credit and debit card holders are subject to validation checks and authorisation by the card issuer.  If the issuer of your payment card refuses to authorise payment to us, we will not be able to accept your order.

8.7  Business Customers – If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

8.8  If we’re unable to collect any payment you owe us, we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time (Unless we waive our right in relation to interest, in writing). This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

8.9  If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

9.  Delays outside our control

We’re not responsible for delays outside our control. If our supply of your product is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Services Team by emailing ask@gordonrhodes.co.uk, calling 01274 758 007 or writing to Dalesman House, Chase Way, Bradford, BD5 8HW to end the contract and receive a refund for any products you have paid for in advance, but not received, less reasonable costs we have already incurred.

10.  Delivery

10.1  All orders will be dispatched within 3-5 working days from acceptance of your order, unless otherwise agreed.

10.2  All delivery times quoted are estimates only and we cannot guarantee delivery at any particular time or date (unless you have specified an actual delivery service).

10.3  Business Customers – time is not of the essence in respect of the delivery dates.If we are prevented from delivering within 30 days after we accept your order, we will give you the option of either accepting the delivery or cancelling the order. If you are a consumer customer, this does not affect your statutory rights.

10.4  If we are prevented from delivering within 30 days after we accept your order, we will give you the option of either accepting the delivery or cancelling the order. If you are a consumer customer, this does not affect your statutory rights.  

10.5  Business Customers – We may deliver your products in instalments. Each instalment will be treated as a separate contract.

10.6  Upon completion of delivery, you own the products and they are at your risk.

11.  Consumer Customers – Cancellation

11.1  If you are a consumer, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including delivery costs. This is subject to some conditions and exceptions as set out below.

11.2  You do not have the right to cancel the contract for products:

11.2.1  which have been sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.

11.2.2  which have become mixed inseparably with other items after their delivery.

11.3  If you change your mind about a product, you must let us know no later than 14 days after we deliver your product. If the products are split into several deliveries over different days, the period runs from the day after the last delivery.

11.4  To let us know you want to change your mind, contact our Customer Services Team by emailing ask@gordonrhodes.co.uk, calling 01274 758 007 or writing to Dalesman House, Chase Way, Bradford, BD5 8HW. Alternatively, you can use the model cancellation form found annexed to these terms and conditions.

11.5  You have to return the product at your own cost. You have to return it (and any free gifts provided with it) to us within 14 days of your telling us you have changed your mind. Returns are at your own cost. You should send the product back to us using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it.

11.6  We only refund standard delivery costs. We don’t refund any extra you have paid for express delivery or delivery at a particular time.

11.7  We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product’s condition is not “as new” or the product-branded packaging is damaged. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team can advise you on whether we’re likely to reduce your refund.

11.8  We will refund you within 14 days of receiving the products back from you (or receiving evidence you’ve sent them to us). We will refund you by the method you used for payment. We don’t charge a fee for the refund.

 

12.  Consumer Customers – Returns and refunds

12.1  Whilst we do our best to ensure your order arrives in optimum condition, sometimes things go wrong. If there is something wrong with your product or it has been shipped in error, you must return it to us. Please contact us and we will arrange a refund or replacement.

12.2  Contact: 01274 758 007 or ask@gordonrhodes.co.uk.

12.3  Please return to: Gordon Rhodes Ltd, Dalesman House, Chase Way, Bradford, West Yorkshire, BD5 8HW

12.4  When returning products please state the reason for the return and provide a contact number in case of any queries. Where an item is faulty, we will refund you for the costs of returns or arrange a returns label – please contact us to arrange this.

12.5  We honour our legal duty to provide you with products that are described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information, please visit the Citizens Advice website citizensadvice.org.uk. Remember too that you have several options for resolving a dispute with us.

12.6  The Consumer Rights Act 2015 says products 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:

12.6.1  Up to 30 days: if your products are faulty, then you can get a refund.

12.6.2  Up to six months: if your products can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

12.6.3  Up to six years: if your products do not last a reasonable length of time you may be entitled to some money back.

13. Business Customers – Warranties

13.1  Your rights if you are a business. We warrant that on delivery, any products which are products shall:

13.1.1  conform in all material respects with their description and any relevant specification;

13.1.2  be of satisfactory quality (within the meaning of the Sale of Products Act 1979); and

13.1.3  be fit for any purpose held out by us.

13.2  Subject to clause 13.3, if:

13.2.1  you give us notice in writing within 72 hours of delivery that some or all of the products do not comply with the warranty set out in clause 13.1;

13.2.2  we are given a reasonable opportunity of examining such products; and

13.2.4  you return such products to our place of business at your cost,

we shall, at our option, replace the defective products, or refund the price of the defective products in full.

13.3  We shall not be liable for the products’ failure to comply with the warranty set out in clause 13.1 in any of the following events:

13.3.1  You make any further use of such products after giving notice in accordance with clause 13.2;

13.3.2  the defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the products or (if there are none) good trade practice regarding the same;

13.3.3  you alter such products without our written consent;

13.3.4  the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or

13.3.5  the products differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

13.4  YOUR ATTENTION IS DRAWN TO THIS CLAUSE – Except as provided in this clause, we shall have no liability to you in respect of the products’ failure to comply with the warranty in clause 13.1.

13.5  YOUR ATTENTION IS DRAWN TO THIS CLAUSE – Except as set out in these Terms and Conditions, all warranties, conditions and other terms implied by statute or common law including but not limited to sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from our contract. These Terms and Conditions shall apply to replacement products.

14.  Changes to products and terms

14.1  We can always change a product:

14.1.1  to reflect changes in relevant laws and regulatory requirements (For example, we may make changes to certain ingredients if required by law or we may make changes to our packaging to cover labelling or other requirements); and

14.1.2  to make minor technical adjustments and improvements, for example to update our packaging from time to time. These are changes that don’t affect your use of the product.

15.  Ending Our Contract

15.1  Without limiting our legal rights, we can end our contract with you for a product and claim any compensation due to us if:

15.1.1  you don’t, within a reasonable time, allow us to deliver the product to you;

15.1.2  BUSINESS CUSTOMERS – you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;

15.1.3  BUSINESS CUSTOMERS – you cease, or threaten to cease, to carry on all or substantially the whole of your business; or

15.1.4  BUSINESS CUSTOMERS – your financial position deteriorates so far as to reasonably justify the opinion that your ability to give effect to the terms of our contract is in jeopardy.

16. Your Attention Is Drawn To This Clause – Our liability

16.1  CONSUMER CUSTOMERS – We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:

16.1.1  Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

16.1.2  Caused by a delaying event outside our control. As long as we have taken the steps set out in clause 9.

16.1.3  Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.

16.1.4  A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited in accordance with clause 16.2.

16.2  BUSINESS CUSTOMERS – We shall limit our liability to businesses as stated below:

16.2.1  Nothing in our contract shall limit or exclude our liability for:

16.2.1.1  death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

16.2.1.2  fraud or fraudulent misrepresentation;

16.2.1.3  breach of the terms implied by section 12 of the Sale of Products Act 1979;

16.2.1.4  defective products under the Consumer protection Act 1987; or

16.2.1.5  any matter in respect of which it would be unlawful for us to exclude or restrict liability.

16.2.2  Subject to clause 16.2.1:

16.2.2.1  we shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for the following types of loss:

(a)  loss of profits.

(b)  loss of sales or business.

(c)  loss of agreements or contracts.

(d)  loss of anticipated savings.

(e)  loss of or damage to goodwill.

(f)  indirect or consequential loss.

16.2.2.2  our total liability to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the products purchased under our contract.

16.2.3  This clause 16.2 shall survive termination of our contract.

17.  Personal Data

How we use any personal data you give us is set out in our Privacy Notice:  https://www.gordonrhodes.co.uk/privacy-cookie-policy/

18.  CONSUMER CUSTOMERS – Resolving disputes

18.1  You have several options for resolving disputes with us:

18.1.1  Our complaints policy. Our Customer Service Team will do their best to resolve any problems you have with us or our products. Please contact them if you have a complaint or any comments or questions.

18.1.2  You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in.

19.  CONSUMER CUSTOMERS – Other important terms

19.1  We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We’ll tell you in writing if this happens and, if you are a consumer customer, we’ll ensure that the transfer won’t affect your rights under the contract.

19.2  Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

19.3  If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

19.4   Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.

20.  BUSINESS CUSTOMERS – Other important terms

20.1  Assignment and subcontracting.

20.1.1  We may at any time assign, novate, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under our contract.

20.1.2  You may not assign, novate, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under our without our prior written consent.

20.2  Entire Agreement.

20.2.1  Our contract constitutes the entire agreement between the parties.

20.2.2  Each party acknowledges that in entering into our contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in our contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in our contract.

20.3  Notices.

20.3.1  Any notice or other communication given to a party under or in connection with our contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post, recorded delivery or commercial courier.

20.3.2  A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 20.3.1; if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed.

20.3.3  The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

20.4  Severance.

20.4.1  If any court or competent authority finds that any provision of our contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of our contract shall not be affected.

20.4.2  If any invalid, unenforceable or illegal provision of our contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

20.5  Waiver. A waiver of any right or remedy under our contract is only effective if given in writing and not be deemed a waiver of any subsequent right or remedy. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

20.6  Third party rights. Our contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of our contract.

20.7  Variation. Any variation to our contract, including the introduction of any additional terms and conditions, shall only be binding when agreed by the parties in writing and signed by us.

20.8  Governing law and jurisdiction. Our contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the English courts.

 

Model Cancellation Form

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

To Gordon Rhodes Ltd

Dalesman House,

Chase Way,

Bradford,

BD5 8HW

Email: ask@gordonrhodes.co.uk

Telephone: 01274 758 007

 

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

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

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

Date

[*] Delete as appropriate

© Crown copyright 2013.