1. Introduction
1.1 This website is operated by Design Online Limited on behalf of Sanderson Design Group Brands Limited (“Sanderson”). These terms apply to all sales of Sanderson products (referred to as “goods” in these terms and conditions) to Consumers via the www.wmorrisandco.com/uk website (the “Site”). Our company information is below:
Company information
Company name: Sanderson Design Group Brands Limited
Trading name: Morris & Co
Country of incorporation: England and Wales.
Registered number: 01167325
Registered office address: Voysey House, Sandersons Lane, London, United Kingdom, W4 4DS
VAT number: 419087636
Contact information:
Email address to contact us: [email protected]
Telephone number to contact us: 020 4552 3552
1.2 Please read these terms carefully. They apply when you buy any goods via the Site (there are separate terms which apply to your use of our Site.) [These terms are available in the English language only.]
1.3 Where we refer to “Consumer” in these terms we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession. If you are shopping on the Site you agree that you are shopping as a Consumer. The products purchased on the Site cannot be used for commercial purposes.
1.4 We are legally required to remind Consumers that we are under a legal duty to supply goods that are in conformity with the contract. Furthermore, nothing in these terms affects Consumers’ legal rights in relation to goods that are not in conformity with the contract, whether because they are faulty, not as described or otherwise. You can get advice about your legal rights from your local Trading Standards office or Citizens' Advice Bureau.
1.5 You understand that by placing an order on the Site, you are accepting these terms and you agree that these terms will apply to your order and the contract between you and us in relation to your purchase of the goods.
1.6 We may change these terms at any time. Please check the version of these terms which are on the Site before you place your order carefully as these terms may have changed since you placed your last order.
2. Minor variations in goods
2.1 You acknowledge that most of our goods are dyed and that batches can vary slightly in colour and shade. Therefore, we do not guarantee that the colour or shade of any goods will be identical to any previous order or to any sample or to the way that the goods are displayed on the Site. Also, due to the print design of some pattern fabrics, it may be that any sample despatched does not include the full range of colours or pattern design.
2.2 The labelling or packaging of the goods you receive may differ from the images of these which you see on our Site.
3. Your order
THIS SECTION DEALS WITH YOUR ORDER AND TELLS YOU HOW AND WHEN YOU BECOME LEGALLY BOUND BY A CONTRACT WITH US
3.1 Your order on the Site is an offer to buy goods from us.
3.2 You can place your order by using the ordering process on our Site. This involves selecting the goods, placing them in the shopping cart and transmitting the order to us by clicking on the “Pay Now” button. This process permits you to check and amend any mistake before making an order by using the change function and/or the internet browser back button.
3.3 You must ensure that your order and any other information you supply to us is correct and you must tell us immediately after placing an order if there are any changes you want to make to the order.
3.4 After you have clicked on "Pay Now", this does not mean that Sanderson has accepted your order, only that your order has been received by Sanderson. A contract between you and Sanderson will come into effect when you receive an email from Sanderson to confirm your order. We will also send you a further email once the goods you have ordered have been dispatched.
3.5 We are not obliged to supply any goods which are unavailable, even if we have entered into a legally binding contract with you. We will notify you of the unavailability as soon as possible and will arrange for a full refund if you have been charged.
3.6 If we are making or supplying the goods to measurements you provide, you are responsible for making sure those measurements are correct.
4. Right to cancel (cooling off)
IN SHORT: CONSUMERS MAY HAVE THE RIGHT TO RETURN UNWANTED GOODS WITHIN 30 DAYS OF DELIVERY.
4.1 If you are a Consumer living in the United Kingdom or the “European Economic Area”, you have the right to cancel this contract subject to the provisions set out below. This right is not affected by any separate returns policy on our Site.
4.2 There is no right to change your mind and cancel a contract for the supply of goods which have been made to your specifications such as made to measure items or goods which are clearly personalised or bespoke.
4.3 For goods bought on the Site which are not made to your specifications and are not personalised, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it. Please read APPENDIX 1 - RIGHT TO CANCEL (COOLING OFF) at the end of this document for further details of this right and what it includes/excludes.
5. Payment and price
5.1 Payment is taken when you place your order by the means stated on our Site. We will not prepare the goods for dispatch and delivery until we have received full payment in cleared funds.
5.2 Our prices may change from time to time. The price for the goods you order is as stated on our Site in GBP (pound sterling) at the time you place your order. Any applicable VAT or sales tax is included in any price shown. We may change the amount of VAT charged if the VAT rate changes and this will be included in the price shown on the Site.
5.3 Delivery costs are charged in addition to the price at the rate shown on our Site at the time you place your order. These will depend on the delivery method chosen. Our charges are inclusive of customs or import duties.
5.4 If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we tell you before we dispatch the goods for delivery. If we do tell you that we have mis-priced an item, then you can decide if you want to order the item at the right price but, if you do not, we will provide a full refund of any payments already made.
5.5 If any amount due to us is unpaid, or unjustifiably charged back (for example by your credit card provider), we may cancel the contract between us for the relevant order by notifying you (including by email), and we would then not be required to provide you with the goods ordered (and if we had already done so, you would be required to return those goods to us).
6. Our right to reject orders
6.1 Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because you are located outside our delivery areas, as stated on our Site or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
7. Discount codes
THIS SECTION TELLS YOU HOW YOU ARE ALLOWED TO USE DISCOUNT CODES ON OUR WEBSITE
7.1 We may offer discount codes from time to time. All discount codes provide a discount which is applied to the price of the item excluding delivery charges. Such codes are not transferrable or redeemable for cash. Unless otherwise stated, any discount codes:
(1) are only available for new orders placed on the Site (they cannot be applied to previous orders already placed);
(2) cannot be used retrospectively;
(3) can only be redeemed once per customer; and
(4) expire after 12 months.
You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.
7.2 We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
8. Delivery
THIS SECTION SETS OUT OUR AND YOUR RESPONSIBILITIES IN CONNECTION WITH DELIVERY
8.1 Delivery will be complete when we deliver to the address which you specify when ordering. We may deliver different parts of your order on different dates.
8.2 Delivery is only to the countries we specify and is otherwise subject to any restrictions on our delivery page.
8.3 Unless otherwise stated, delivery dates given on our Site are estimates only. We are not responsible to you for any losses arising from a delay in delivery (a) to the extent that this is due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay or (b) if you haven’t given us adequate delivery instructions and this has caused a delay.
8.4 You agree to alert us in advance to any access restrictions.
8.5 If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery. We may contact you in order to ask why the delivery was unsuccessful. If the delivery company returns the item to us because they have been unable to deliver it, and the delivery company has not been at fault, we are allowed to cancel the contract, in which case we will refund the price paid but excluding the delivery charge.
9. Risk and ownership
9.1 You become responsible for the goods once you have physically received the goods following delivery to you or to somebody identified by you to take possession of the goods.
9.2 You become owner of the goods on delivery of the goods as long as we have received payment of the price plus delivery charges in full.
10. What to do if there is something wrong with your goods
10.1 If you think there is something wrong with the goods, you must contact our Sanderson Customer Service team.
10.2 Where there is something wrong with your goods and you have contacted the Sanderson Customer Service team to report this, we will ask you for information as to what is wrong with the goods. We may ask you to send us photographs and to email us a description of what is wrong, and we may also ask you to return the goods to us (and we will arrange and pay for the return of the goods) for us to inspect them. If we agree that there is something wrong with your goods and the fault or damage in the goods wasn’t caused by your incorrect storage, handling or use of those goods , we will issue you with a refund for the price of the goods and any delivery charges you have paid within 14 days beginning on the day on which we agree you are entitled to a refund. The refund will be made to you by the same means as payment for the goods, unless you agree otherwise. We will not charge any fee for issuing this refund.
11. Restrictions on our legal responsibility for goods – very important
THIS SECTION LIMITS OUR LEGAL RESPONSIBILITY IN VARIOUS WAYS AND MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES WE SUFFER, E.G., IF YOU BREAK THE CONTRACT
11.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited.
12. Intellectual property rights
IN SHORT: YOU DON’T ACQUIRE ANY INTELLECTUAL PROPERTY RIGHTS IN THE GOODS
12.1 Your purchase of goods from us does not give you any right to use or exploit any intellectual property rights relating to the goods.
13. Events outside our control
IN SHORT: WE AREN’T RESPONSIBLE FOR DELAYS RESULTING FROM EVENTS OUTSIDE OUR CONTROL
13.1 If our supply of your goods is delayed by an event outside our control we will contact you as soon as possible, and in any event no less than 7 days after the occurrence, to let you know and do what we reasonably can (if anything) to reduce the delay. We will not compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team to end the contract and receive a refund for any goods you have paid for, but not received.
14. Transferring this contract to someone else
IN SHORT: WE CAN PASS THIS CONTRACT TO SOMEONE ELSE BUT YOU NEED OUR PERMISSION TO DO LIKEWISE
14.1 We may transfer all or part of our rights or duties under this agreement to someone else provided we ensure that your rights under this agreement are not reduced by the transfer. We will tell you in writing if this happens.
14.2 As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
15. Our right to end the contract
15.1 We may end this contract at any time by writing to you if:
a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods you have ordered;
b) you do not, within a reasonable time, allow us to deliver the goods ordered to you.
15.2 If we end the contract in any of the situations set out in section 15.1 above and the manufacturing of the goods you have ordered has already started, we will provide you with a refund of sums you have paid but we may withhold from the refund a reasonable amount to reflect the costs we have incurred in the part-manufacture of the products, so you may not get all your money back.
15.3 Ending this contract will not affect any existing rights and liabilities and all terms in this contract which are stated or intended to continue after termination will continue to apply.
16. Privacy
IN SHORT: OUR PRIVACY POLICY APPLIES
16.1 You acknowledge and agree that we may process your personal information in accordance with the terms of our Privacy & Cookies policy which is subject to change from time to time. Please consult the Privacy & Cookies Policy for information on the processing of Consumer personal data.
17. English law
IN SHORT: ENGLISH LAW APPLIES Orders placed under these terms are governed by English law and wherever you live you can bring claims against us in your local courts or in the English courts. We can claim against you in the courts of the country you live in.. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms affects your rights as a Consumer to rely on such mandatory provisions of local law.
18. General
18.1.1 We may send all notices to you by email to the most recent email address you have supplied to us. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply.
19. Complaints
19.1 If you have any complaints, please contact us via the contact details shown above and our customer service team will do their best to resolve any problems you have with us or our products.