Conditions of Sale

By placing business with Rose and Rust, you acknowledge and agree to the following conditions of sale. You also confirm that our conditions of sale override any terms & conditions you may have.

Products 1) All products are non-returnable, unless they are faulty or sold under the terms of the Distance Selling Act. Rose and Rose may, however, allow returns at their discretion. All items must be returned within 30 days of receipt of the goods.

2) In the event that a return/cancellation is permitted by Rose and Rust, all products must be unused, undamaged and packaged appropriately. The cost of returning the goods and their safe transit is the sole responsibility of the customer. Once the goods have been received in their original condition, Rose and Rust will issue a refund within 30 days. No returned goods will be accepted for a Refund without prior consent from Rose and Rust.

3) All refunds against a returned or cancelled order will be subject to a 10% restocking fee to cover handling costs and financial charges. All cancellation rights against Bespoke made items end at point of order placement. Bespoke items can not be returned.

4) Only product costs will be refunded. Shipping fees, (both for the initial and return despatch), are the customer’s responsibility.

5) As they have no control of the storage and handling of goods on site, site conditions or quality of workmanship, Rose and Rust offer no warranty that any Products and/or Services are fit for the buyer’s particular purpose. In all circumstances we strongly recommend you employ the services of and experienced and competent Tradesman.

6) The buyer warrants that they have satisfied themselves that the Products and/or Services they have purchased are suitable for every purpose or use they require and that they have not relied on any skill or judgement by Rose and Rust in that regard.

7) As such, customers cannot claim that goods are faulty once they have been used, installed, modified or repaired after delivery. Any claim regarding fault must relate to the condition of goods at time of delivery. For the avoidance of doubt, the installation or use of any product warrants acceptance of them as being in good condition.

8) If a customer believes that they have received goods that were faulty at the time of delivery, they must notify Rose and Rust at the earliest opportunity and always within one month. As faults cannot always be detected immediately, this differs from the time limit for reporting transit damage, (see below).

9) Rose and Rust must be given the opportunity to inspect any product that has been suggested as faulty and/or be supplied with photographic evidence. Any costs associated with inspecting the goods will be chargeable to the customer if they are deemed to have not been faulty at the time of delivery, including where they have been incorrectly fitted or used with unapproved products.

10) Many of the products supplied by Rose and Rust are manufactured using naturally occurring substances and often by hand. As such, they may be subject to variation in many characteristics including colour, size, texture, density, grading and weight. Rose and Rust will not consider any such variation as a fault.

11) Samples provided by Rose and Rust only provide an indication as to possible characteristics of actual goods supplied. They do not represent any promise or guarantee of finish, quality, colour and grading.

12) In the event that Rose and Rust finds that goods were faulty at the time of delivery, they will remedy at their discretion by carrying out repairs, offering a full or partial refund or replacing the faulty goods.

13) In the event that replacements are offered to remedy a fault, Rose and Rust will endeavour to supply a like for like product. However, due to their nature, Rose and Rust cannot guarantee that replacement goods will be identical in terms of finish, colour, size, texture, density, grading and weight.

14) In the event that a refund is offered to remedy a fault, the total amount returned by Rose and Rust shall not exceed the price paid for the faulty goods.

15) In the event of a fault or delay in delivery/production, Rose and Rust will not be held liable for any associated incidental work or expenses, loss of profit or revenue or any compensation payable by the buyer to any third party. For the avoidance of doubt, Rose and Rust’s liability will never exceed the total cost of the faulty goods.

Pricing 1) Prices are correct only at time of publishing and are subject to change, whether quoted verbally, in writing or on our website.

2) Quotations are only valid at the time they are given.

3) Prices are only secured by the Buyer once payment has been received or delivery has been made.

Payment & Ownership 1) Unless otherwise agreed or specified, Rose and Rust requires full payment for goods before despatch can occur.

2) Where goods are despatched before payment is received and no other agreement has been made, the customer will be considered to be in default two days after the date of delivery.

3) Rose and Rust may, at its discretion, agree different payment terms with the buyer. The buyer will be considered to be in default if these terms are not met.

4) If the buyer is deemed to be in default, Rose and Rust reserves the right to apply annual interest at a rate of 8% plus the current Bank of England base rate, (calculated daily from the date of default), on overdue balances in accordance with the Late Payment of Commercial Debts (interest) Act 1998 (as amended).

5) Regardless of where they are held, used or stored, Rose and Rust reserves the right of full ownership on all products until payment for them is received in full. Until such time, we shall be at full liberty to undertake any of the following courses of action: – Serve notice in writing that the Buyer must return the goods immediately – Retake possession of the goods. For this purpose, Rose and Rust are granted consent to enter the premises where the goods are reasonably believed to be held without restriction.

6) If returned or retrieved goods are incomplete or damaged, the Buyer will still be liable for the balance to Rose and Rust.

7) For the purpose of clarification, transfer of ownership of Products from Rose and Rust to the customer only takes place with the occurrence of the last of the following events: – Payment in full for Products and/or Services supplied, or – Payment in full for all sums owing where the customer has concurrent orders. In the instance of concurrent orders, Rose and Rust reserves the right to retake possession of all goods supplied through the orders.

Force Majeure 1) Rose and Rust have the right to cancel any order, including those that are partially completed, in the event of circumstances beyond their control, (such as fire, flood or strike). Compensation to the customer will be limited to the total value of the goods outstanding.