TERMS AND CONDITIONS OF SALE FOR ROBERTWELCH.COM WEBSITE
1 WHO WE ARE
Robert Welch is a trading name of Robert Welch Designs Limited, a company incorporated in England and Wales with company number 00689103.
Our registered office is at:
The Studio Shop
Lower High Street
Our registered VAT number is GB275313757.
This website (www.robertwelch.com) is owned and operated by us.
To find out more about us visit https://www.robertwelch.com/customer/about.
2. APPLICATION OF THESE TERMS & CONDITIONS
- Please read these terms and conditions carefully before placing your order (you may wish to print a copy for your record). By placing an order through this website, you confirm that you have read, understood and agree to these terms and conditions.
- If you think there is a mistake in these terms and conditions or there is anything you do not understand, then please contact us by emailing email@example.com or calling +44 (0)1386 840522 where lines are open between 8:30am - 5:30pm, Monday to Friday (excluding Bank Holidays).
- Please note you are only permitted to purchase goods via this website if you are aged 18 or older. By submitting an order you are promising to us that you are at least 18 years old.
It is illegal in the UK to sell sharp bladed products which could cause injury (age restricted items) to any person under the age of 18. To purchase age restricted items on this site, we require you to confirm during checkout that you are 18 or over consenting to our use of your personal information for age verification purposes. Using your personal information, we carry out age verification during the order process using AgeChecked. Should initial age verification be unsuccessful, we will contact you to ask for more information to prove you are aged 18 or over. For further details on our age verification checks and procedures see section 4 How to Buy below and our Privacy Notice at https://www.robertwelch.com/terms/privacy.
- Only consumers may purchase goods from us on this website. If you are a business wishing to purchase these goods for resale please contact us on 01386 840880 or at firstname.lastname@example.org.
- We may occasionally amend these terms and conditions and you should check them each time you place an order. These terms and conditions were last modified on the date in the footer below.
3. OUR GOODS
- The images of the goods on our website are illustrative only. Although we have made every effort to display the colours accurately, we cannot guarantee a device's display of the colours accurately reflects the true colour of the goods. Your goods may vary slightly from those images.
- All goods measurements are approximate only and the packaging of the goods may vary from that shown in images on our website.
- You should always read the labels, warnings and instructions provided on or with the goods before using them and not rely solely on the information on our website. This notice does not affect your legal rights.
- If you have any queries about the goods you have purchased then please contact us using the contact information provided at https://www.robertwelch.com/customer/contact.
4. HOW TO BUY
- To place an order for goods on this website, you should:
Step 1: Add your goods to the online shopping basket.
Step 2: Enter the basket and choose Continue to Checkout.
Step 3: Returning customers: Log in to your online account. New customers: Provide your billing name and address details.
Step 4: Confirm your name and address delivery details and select delivery option.
Step 5: Review your order and tick to confirm acceptance of these terms and conditions before continuing to payment.
(i) Place your order and make payment; or
(ii)If your order includes age restricted items, provide us with your date of birth giving your consent to the use of your personal information for the purpose of age verification. We use AgeChecked to verify you are 18 or over during the order process. If initial age verification is unsuccessful, we will contact you to ask you for more information to prove you are 18 or over. For more details please see below and our Privacy Notice.
- You can access your shopping basket, review it and make changes to it at any time up until the point at which you place your order. Please take the time to check your order before submitting it. If you submit an order in error you will have the opportunity to cancel this as detailed in paragraph 11 below.
- If you place your order on a Saturday, Sunday or bank holiday, the order will be processed and confirmed usually on the following business day in the UK.
- Your order will only be accepted by us once we email you confirming receipt of your order. It is at this point that the contract between you and us for the sale and purchase of the goods ordered by you will be formed and become binding. The contract that is formed shall be in English and will include these terms and conditions.
- Age Restricted Items and Age Verification:
- If your order contains an age restricted item which you must be 18 or over to purchase, your order will only be accepted by us once we have successfully verified that you are 18 or over.
- We use AgeChecked to provide age verification services and initial age verification takes place during the order process using information you have given us.
- If initial age verification is unsuccessful, we will contact you to ask you to provide us with more information to prove that you are aged 18 or over.
- You will have two options: Option 1 is for you to provide additional information via the AgeChecked portal using a unique link we will email to you. AgeChecked will offer you a choice of providing your credit card details, your driving licence number, your phone number or of giving your permission to allow access to the electoral register. AgeChecked will let you and us know immediately if this secondary age verification has been successful. If the event that Option 1 is unsuccessful, proceed to Option 2. Option 2 is for you to send us an image of proof of age documentation (your birth certificate, passport or driving licence.) If you send us proof of age documentation for age verification purposes, we will ONLY use the image you send us for this purpose, and we will delete the image and accompanying email as soon as they have been used for this purpose. For further information on age verification please see below and our Privacy Notice
- Should you choose not to provide additional information or if we are unable to verify that you are aged 18 or over, we will be unable to sell you the age restricted item and will contact you (by email and/or by telephone) to arrange a refund and to check how you would like to proceed with the rest of your order.
- Where age verification is successful, it is at this point that the contract between you and us for the sale and purchase of the goods ordered by you will be formed and become binding. The contract that is formed will be in English and will include these terms and conditions.
- For further information about how we use and process your personal information, please see our Privacy Notice.
- Please note that our goods are subject to availability. Whilst we will try our best to ensure the website only displays goods which are in stock, this can change quickly and so there may be circumstances where an item you have ordered is unavailable. If we have already accepted your order we will contact you and you will have the opportunity to cancel your order (see paragraph 11 below) or change your order otherwise we will notify you that we cannot fulfil your order and will terminate the contract between us.
- We may also be unable to accept or fulfil your order where:
- Your order contains age restricted items and we are unable to verify that you are aged 18 or over;
- we have identified an error in the price or description of the goods;
- we are unable to obtain authorisation for your payment;
- you do not meet the eligibility to order criteria as set out in these terms and conditions;
- we are unable to meet a delivery deadline you have specified.
- We will let you know if this is the case and will refund you for the goods you have attempted to order in these circumstances.
5. HOW AND WHEN WE WILL COMMUNICATE WITH YOU
- Following placing your order, you will receive the following emails:
- Order confirmation: confirming that your order has been placed successfully including information about age restricted items and age verification where required.
- Order shipped: telling you that your order has been dispatched.
- Leave a review: requesting a product review of your purchase.
- You may also receive emails from us:
- Abandoned basket: When you have placed items in your shopping basket but not proceeded to payment.
- Product back in stock: If you have asked us to email you when an item is back in stock.
- Age Verification requirement: Age Verification requirement: Where initial age verification for the purchase of an age restricted item has been unsuccessful and we need to contact you to ask you to provide more information to prove that you are aged 18 or over. can process and accept your order.
- Age Verification unsuccessful: Where secondary age verification has been unsuccessful and we need to arrange a refund for age restricted items, applicable delivery charges and to find out how you would like to proceed with the rest of your order.
- Registration confirmation: If you have opened a robertwelch.com account confirming your registration.
- Contact form confirmation: If you have asked us to contact you by completing a Contact Form via the website.
- Password reminder or reset: If you have asked for a password reminder or reset.
- Competition entry: If you have entered a competition.
- Share Wish List: If you have chosen to share your Wish List.
- Catalogue request: When you have asked to be sent a catalogue.
- Marketing emails: If you have provided us with your email and chosen to receive marketing emails from us.
- You may also receive communications from our courier during the delivery process. For more information about delivery, see paragraph 10 below.
6. PRICE AND DELIVERY CHARGES
- The prices of the goods will be as shown on our website and in British Pounds Sterling (GBP) including VAT. Our prices may change from time to time but this will not affect any order you have placed and which we have accepted before any price change takes effect.
- There is a function on our website where you change the currency to see the equivalent price of the goods in US Dollars and Japanese Yen. The prices shown in these currencies are indicative only and for your information as we do not accept payment in any currency other than GBP.
- Our prices exclude delivery charges. You will be informed at check out about delivery charges for your order. For further information and to find out how much it will cost to get your goods delivered, please follow www.robertwelch.com/customer/pages/delivery.
- Please note some postcode exclusions apply to our UK next day and Saturday delivery services. We are unable to ship to BFPOs or PO BOX addresses.
- If your delivery address is outside the UK, you may have to pay import duties and taxes, which are levied once a shipment reaches your country. You must meet any additional charges for customs clearance. Please note, customs policies vary widely from country to country. We recommend you contact your local customs office for further information.
- There are a few countries to which we are unable to ship orders. For more details, please follow www.robertwelch.com/customer/pages/delivery.
- We make every effort to ensure that the correct prices are displayed on our website. However, if we discover an error in the price of the goods you have ordered before they are delivered to you, we will contact you to inform you of this error and we will give you the option of cancelling your order. If we are unable to contact you, we will treat the order as cancelled and notify you accordingly and we will process a refund to you of any sums you may have already paid to us for that order.
- Please note that if a pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the goods to you at the incorrect (lower) price.
- If the rate of VAT changes between your order date and the date we supply the good, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
7. DISCOUNT AND PROMOTIONAL CODES
- Occasionally, we may offer special promotions (such as discounts or offers) on certain goods. We have the right to withdraw such promotions at any time and they may also be subject to time restrictions, availability and other terms and conditions.
- To avoid disappointment, please ensure you check the terms and conditions for a promotional offer before trying to redeem it.
- We may occasionally offer promotional discounts, with or without a promotion code. Promotions with codes are usually only valid for one transaction and once the code is used it will be deactivated and will no longer be valid.
- Promotions cannot be added to an order after the order has been completed and payment made. Please ensure that the voucher or code is registered before you confirm and pay for the goods.
- We are not responsible for promotions related to our goods where such promotions are published on external websites or other media.
8. GIFT VOUCHER TERMS & CONDITIONS
- Online gift vouchers are valid for 2 years from the date of issue and cannot be exchanged for cash or goods already supplied or ordered.
- We are unable to replace lost or stolen gift vouchers.
- Robert Welch gift vouchers are currently only available for use online. You cannot exchange Robert Welch gift vouchers for goods in Robert Welch shops, at Robert Welch stockists or over the telephone. You cannot exchange online gift vouchers for cash.
- If the goods purchased online total less than the value of the gift voucher, we'll leave any balance as a credit for you to redeem it against subsequent orders. You may wish to check your balance by entering your voucher code via the website www.robertwelch.com/gift_voucher.htm.
9. HOW TO PAY
- You can pay for goods on our website using a Visa, Mastercard, Delta or Maestro debit or credit card or PayPal or Amazon Pay. All transactions are charged in pounds sterling at checkout. You can also pay for your order with a Robert Welch gift voucher.
- During the checkout process you will be asked for your payment details. By completing these you are confirming that the debit or credit card is yours. All card payments are subject to authorisation by your card issuer.
- We will take full payment for your order immediately when your order is placed.
- Payment will be taken in British Pounds Sterling (GBP).
- We will use our best efforts to send you your goods by the estimated delivery date set out in the order confirmation email, or, if no date is specified, then no later than 30 days following the date of your order confirmation email.
- In relation to Next Day and Saturday Delivery, please note that where your order contains age restricted items which you must be 18 or over to purchase, our age verification procedures may cause delays to the delivery of your order.
- Delivery will be completed when we deliver the goods to the delivery address you gave us. You must promptly notify us of any change to your delivery address or contact phone numbers. Goods you order from us will be delivered to the delivery address notified by you at the time of placing your order. We have no liability whatsoever for any goods delivered to an address which has not been correctly provided or updated by you.
- Once your order has been despatched, you will receive an email from our courier providing you with information about how you can track and trace your order. If delivery is to a UK address and you have provided us with a mobile telephone number or email, our courier will be able to give you a 1-hour delivery window by text message or email.
- If no one is available at the delivery address to take delivery and you have not made arrangements with our courier, or it is not possible, to leave the goods securely at the premises, you will be informed that delivery has been attempted and that goods have been returned to our courier’s premises, in which case, please contact us or our courier to rearrange delivery.
- Attempted delivery can occur up to 3 times, after which the goods will be returned to Robert Welch Designs.
- If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and we will refund you the money you have already paid for the order but reserve the right to deduct from the refund a reasonable sum as compensation for any costs we have incurred as a result.
- If you have arranged with our courier for the goods to be delivered to a collection point, you will be notified by the courier when they are ready to be collected and which photo ID is required for collection.
- We are responsible for the goods until the point they are delivered to you. You are responsible for the goods on delivery.
11. YOUR RIGHT TO CHANGE YOUR MIND
- Unless the goods you have ordered; (i) are earrings which you have worn; or (ii) have been customised, engraved or personalised to your specification, you have the right to change your mind and cancel the order at any time from the date the order was placed until 28 days after the day the order was delivered to you. If the order is split into several deliveries over different days, the cancellation period is extended until 28 days after the date of the last delivery.
- To exercise your right to cancel if your goods have not yet been despatched, sign into your account and view your order history. Alternatively, you can call us on +44 (0)1386 840522, or email email@example.com. You may instead prefer to cancel your order by completing and returning to us our cancellation form a copy of which can be downloaded at https://www.robertwelch.com/right_to_cancel_form. We suggest you keep a copy of your cancellation notification for your own records.
- To exercise your right to cancel if your goods have already been despatched, you must inform us of your decision to cancel within the time period stated above and by following the returns process set out here: www.robertwelch.com/customer/pages/returns.
- For non-UK returns please call us on +44 (0)1386 840522 or email firstname.lastname@example.org.
- Your cancellation is effective from the date you notify us and you must return the cancelled goods to us within 14 days of informing us that you wish to cancel and end the contract.
- If you are returning your products by post, we recommend that goods are sent by registered post with your local post office or by courier so that you can track the goods and that you always retain evidence of posting or proof of shipment and the tracking number until the purchase price has been refunded. For more information on refunds, see paragraph 13 below.
12. DAMAGED OR FAULTY GOODS
- If what you have bought is faulty, broken (on arrival) or mis-described (minor variations do not count see paragraph 3 above). We will (at your choice) either replace or repair the faulty goods free of charge or, refund you the price of the faulty goods and the postage you paid for the goods. Simply return the faulty goods to us unused by following the process set out here: www.robertwelch.com/customer/pages/returns.
- In addition, we also offer our Robert Welch Guarantee, for further details please go to https://www.robertwelch.com/customer/pages/our_guarantee. Please note that the Robert Welch Guarantee does not cover wooden boards and non-stick coatings and excludes any fault or defect which results from:
- Normal wear and tear;
- Accidental damage to the goods after they have been delivered to you;
- Damage caused by your or another’s negligence or abuse after delivery; or
- Failure to follow our care instructions.
- Where you wish to make a claim under our Robert Welch Guarantee please email us at email@example.com. We may ask for the goods to be returned or for photographic evidence of the reason for your claim. In the event that we agree with your claim under our Robert Welch Guarantee, we will either process a full refund or send you a replacement for those goods (subject to availability) within 14 days of receiving/collecting your returned goods.
- You also have the right to terminate the contract where:
- we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
- there is a risk that supply of the goods may be significantly delayed because of events outside our control;
- we have suspended or have notified you that we are going to suspend supply of the goods for technical reasons for a period of more than 30 days beyond the order delivery date specified in your order confirmation email; or
- where we have done something wrong or failed to do something in breach of the contract between you and us.
- In any of the circumstances detailed above please notify us by e-mailing us at firstname.lastname@example.org detailing the cause for concern. The contract will end as soon as we receive your notification and we will refund you in full for the price of any goods (plus postage costs) you have paid for and which have not yet been provided.
- Information on how to claim a refund can be found here: www.robertwelch.com/customer/pages/returns.
- To be eligible for a full refund goods should be returned unused and undamaged and (in so far as if practicable) in their original, undamaged packaging.
- If you cancel your order in accordance with these terms and conditions you will receive a full refund of the price you paid for the goods including delivery costs except as follows:
- we are only obliged to refund delivery costs for the least expensive delivery method we offer. Therefore if you chose a more expensive form of delivery when ordering (e.g. next day delivery) we will not pay the difference between this method of delivery and our least expensive method of delivery; and
- we may reduce your refund of the price (excluding delivery costs) to reflect any deduction in the value of the goods if this has been caused by your use or other handling of the goods which would not be permitted in a shop. You have a legal obligation to take reasonable care of the goods while they are in your possession and are responsible for the risk of damage during transport. If we refund you the price paid before we are able to inspect the goods and later discover you have used or otherwise handled them in an unacceptable way, you must pay us an appropriate amount to reflect the deduction in value of the goods as a result.
- All refunds to you will be made by the payment method you used when paying for the order being refunded. If a gift voucher was used for purchase, a refund will take the form of a credit note.
- We will process the refund as soon as possible, but in any event no later than 14 days after we have received the goods back from you.
- Please note that we are only able to offer refunds for goods that have been purchased directly through www.robertwelch.com. If you have purchased an item from one of our Robert Welch shops and do not have the means to return it to the shop directly, then please email email@example.com and we will help you to arrange a return.
14. LEGAL RIGHTS
- As a consumer, you have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau. Nothing in these Terms will affect these legal rights.
- If you have any questions or complaints about the goods, please contact us using the details set out at clause 19 below.
15. OUR LIABILITY
- We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we accept your order.
- We only supply the goods for domestic and private use. You agree not to use the goods for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any breach of any terms implied by law including your right to receive goods as described and which 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.
16. EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an event outside our control (including but not limited to strikes, fire, storm, flood or other natural disaster, or failure of telecommunications networks or impossibility of the use of transport).
- If we are unable to perform our obligations to you as a result of any event outside our control we will contact you as soon as reasonably possible and we will take steps to minimise the effect of any delay. Provided we do this, our obligations to you shall be suspended for the duration of the event outside our control and we will not be liable for any delay caused by the event. If this affects our delivery of goods to you, we will arrange a new delivery date with you as soon as we are able to confirm this but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not yet received.
17. HOW WE USE YOUR PERSONAL INFORMATION
We will only use your personal information in accordance with our Privacy Notice which can be viewed at www.robertwelch.com/customer/pages/terms/privacy. Please take the time to read this.
18. OTHER IMPORTANT TERMS
- This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- We may transfer our rights and obligations under any contract with you to another organisation. We will tell you in writing if this happens and we will ensure this does not affect your rights under that contract. You must not transfer any of your rights and obligations under any contract unless we agree.
- Each clause of these terms and conditions is separate and if any court or relevant authority decides that any clause is unlawful or unenforceable, the other clauses will remain in full force and effect.
- If we do not insist that you perform any of your obligations under these terms and conditions, or where we do not enforce or delay enforcing our rights, that will not mean that we have waived our rights nor that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- These terms and conditions are governed by English law and the English courts shall have non-exclusive jurisdiction to hear any dispute or claim arising out of or in connection with these Terms. This means you may bring a claim to enforce your consumer protection rights in connection with these terms and conditions in England or if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
19. ALTERNATIVE DISPUTE RESOLUTION
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to use alternative dispute resolution but this does not prevent you going to court if you are still not satisfied with the outcome. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform available at www.ec.europa.eu/consumers/odr which is designed to assist consumers to resolve dispute online without having to go to court.
20. CONTACT US
If you have any questions about us, these terms and conditions, our website or our goods, please do not hesitate to contact us at firstname.lastname@example.org.
© Robert Welch Designs Limited
All rights reserved