ORDER & DELIVERY

OPENING TIMES

We are open from February 1st 10am – 4pm Tuesday – Saturday (closed Sunday and Monday) for viewing products in our show room, and collections at The Old Rose Nursery.

We are able to arrange viewing appointments outside of these  hours, please call 07980382702 to arrange all viewing times.

PLEASE NOTE WE ARE OUT ON SITE 10 % OF THE TIME, PLEASE CALL 07980382702 BEFORE VISITING TO AVOID DISAPPOINTMENT.

All products include VAT.

DELIVERY OPTIONS

  • Deliveries by post or pallet anywhere in the UK
  • FREE DELIVERY ON ALL PRODUCTS

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.

 

DELIVERY TERMS

1) Please ensure that somebody with the sufficient authority and time is available to accept and sign for your goods during the agreed delivery window.

2) Please ensure that all potential recipients of the delivery are made aware of these procedures.

3) When taking delivery from external parcel couriers, the drivers ARE NOT contracted to wait for the goods to be checked; a signature is still required and will not affect your chance to report an issue should any arise. Any issues MUST be reported within 24 hours of receipt of the goods. Delivery can be refused if there is any visible damage to the packaging.

By placing an order with us, you have indicated that you accept the terms of these procedures and that you or your appointed representative will be on hand to receive the shipment within the agreed delivery window. There will be no exemptions to this policy if a clean signature is provided by any other party.

Further notes on pallet deliveries 1) If the goods you are receiving are being shipped on a pallet, the courier will contact you to arrange a mutually convenient delivery day, (unless otherwise agreed). Please ensure that you point out ANY potential delivery issues, such as restricted access, at this time. Actions required to overcome delivery issues may be chargeable to you, particularly if only discovered on the day of delivery. The pallet courier does not provide time slots and they only operate between standard business hours (unless otherwise arranged). We will however, input your mobile number and/or email address to receive rough tracking movements of the pallet. 2) Pallet deliveries are to ‘kerbside’ only, (unless otherwise agreed). The pallet(s) will be removed from the delivery vehicle using a tail-lift and pallet forks (not suitable on gravel driveways) and placed in the first convenient, safe location. Driveway and drivers are not obliged to move the pallet any further into your property. Please contact us if you have requirements beyond this. 3) If a situation arises where you consent for delivery to be made without a signature, to an empty address for instance, it will not be possible for you to make any claims regarding transport damage.

For the delivery of goods larger than 2.3 meters you are required to ensure unloading facilities. This means a forklift-truck to unload the goods. Our courier does not have the possibility to unload these goods. Please note that this also applies to the 2meter diameter products. Our courier will contact you to arrange a mutually convenient delivery day. The courier will not attempt delivery until contact has been made with you. Please ensure that you point out any potential delivery issues, such as restricted access, at this time. Actions required to overcome delivery issues may be chargeable to you, particularly if only discovered on the day of delivery.

Further notes on parcel deliveries 1) If the goods you are receiving are being shipped by parcel(s), you may receive a text or email from our courier with a potential time window for delivery. If you are unavailable to take delivery at any point during the specified time window, please follow the rescheduling instructions provided.

Further notes on deliveries fulfilled by Rose and Rust 1) Any driver delivering goods on one of Rose and Rust’s own vehicles will wait for the customer to check for damages. 2) The driver will supply two delivery notes which must be signed accordingly 3) Any claim for damages by the customer must be made at the time of delivery.

General delivery notes 1) Delivery dates and times proposed by Rose and Rust should be considered as best endeavour offers, not guarantees. Schedules are offered in good faith but may be subject to various factors, whether the delivery is being made using our own vehicles or courier network. 2) Rose and Rust will not be liable for any costs, including lost earnings, associated with a delivery schedule not being met for any reason, including transport and/or stock issues. 3) As Rose and Rust understands that delivery shortfalls may not be immediately detected, customers are given 24 hours to make a full inventory. If any discrepancies are noted, the customer must report these to Round Rose and Rust within this timeframe in order to be eligible for any compensation. Where requested, the customer must also supply photographs of the shipment, including all of its packaging.