Terms & Conditions
TERMS & CONDITIONS OF USE AND SALE
This website is operated by Britannia Rose. Throughout the site, the terms “we”, “us” and “our” refer to Britannia Rose. We offer this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
We provide website features and other products and services to you when you visit or shop at https://www.britanniarose.com ("website"), use of our products or services, applications for mobile, or software provided by us in connection with any of the foregoing (collectively "Services"). We provide our Services and sell our products to you subject to the conditions set out on this page.
By visiting our site and/or purchasing something from us, you agree to be bound by the following terms and conditions of use and sale (“Terms”), including those additional terms and conditions and policies referenced herein. These Terms apply to all users of the site.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Britannia Rose website.
PRIVACY
Please review our Privacy and Cookie Policy, which also govern your use of our Services.
ELECTRONIC COMMUNICATION
When you use our Service or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other Services. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
COPYRIGHT
All content included in or made available through any of our Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, media and other information on our website is copyright of us unless otherwise stated by us. You are allowed to make copies of small extracts of the site for your personal use and study. It is strictly forbidden to copy any material on our site for any form of commercial use unless it is necessary for the purpose of viewing the site in the course of business. You agree not to adapt, alter or create a derivative work from any of our material or content unless it is for your personal, non-commercial use. For any other uses of the materials found on our site you will require the prior permission of Britannia Rose.
LICENCE AND ACCESS
Subject to your compliance with these Terms, we or our content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable licence to access and make personal and non-commercial use of our Services. This licence does not include any resale or commercial use of any of our Service or our contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any of our Service or our contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Terms are reserved and retained by us or our licensors, suppliers, publishers, rights holders, or other content providers. No Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of ours without our express written consent. You may not use any meta-tags or any other "hidden text" utilising our names or trademarks without our express written consent.
You may not misuse our Services. You may use our Services only as permitted by law. The licences granted by us terminates if you do not comply with these Terms.
YOUR ACCOUNT
If you use any of our Services you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and devices, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access and update much of the information you have provided us with, including your account settings, in the Account area of the website.
You must not use any our Services: (i) in any way that causes, or is likely to cause, any of our Services, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.
We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Terms or any other applicable terms and conditions, guidelines or policies.
REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Visitors may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right to remove or edit such content. If you believe that any content on or advertised for sale on any of our Services contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any of our Services, please notify us by and we will respond.
If you post content or submit material, and unless we indicate otherwise, you grant: (a) us a non-exclusive, royalty-free and fully sub licensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) us the right to use the name that you submit in connection with such content, if they choose. No moral rights are assigned under this provision.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us including the execution of deeds and documents, at our request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify us for all claims brought by a third party against us arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content arising out of or on the grounds of, or originating from the content that you have communicated to us.
LINKS AND CREDIT
Our logo must not be used to link to or represent us on any other website unless you receive prior permission from us to do so.
You may link to pages on our site providing credit is given to Britannia Rose in the link title.
PRODUCTS
Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, we will send you a message confirming receipt of your order and containing the details of your order (the "Order Confirmation"). The Order Confirmation is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) or the services ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail or post a message on the Account area of the website confirming to you that we've dispatched the product to you (the "Dispatch Confirmation"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation for each package, and each Dispatch Confirmation and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation.
You consent to receive sales invoices electronically. Electronic invoices will be made available in the Account area of the website. For each delivery, we will inform you in our Dispatch Confirmation.
PRICING AND AVAILABILITY
All prices are inclusive of legally applicable VAT.
We have made every effort to display as accurately as possible the colours and images of our fabrics that appear on this website. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of our products or product pricing are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time.
Despite our best efforts, a small number of the items in our catalogue may be mispriced or mislabeled. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product. Prices for our products are subject to change without notice.
Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.
PRODUCT MEASUREMENTS
It is your responsibility to make sure that the measurement for the made to measure products are 100% accurate. There are measuring guides provided on the site to enable you to take the measurements accurately. We cannot accept any returns for these products if you have provided incorrect measurements. There may be some cases where these products can be altered, any costs involved with this, including postage, will be additional to your original order.
TOLERANCE
Our products are made to measure by highly skilled professionals who will endeavour to be as accurate as possible within a variance of +/- 2cm. We cannot accept the return for products if the finished sizes are within this tolerance limit and you will not be entitled to reject the goods.
PRODUCT CANCELATION AND RETURNS
For items purchased directly from Britannia Rose, you are entitled to a 100% refund for any order cancelled within the cooling-off period. After this period, in some instances we would issue a partial refund covering the value of the order minus the costs incurred so far. Made to measure items are very unlikely to be resold and for this reason we are unable to give a refund on these products. If we have failed to make the products to your specifications, or if they are in some way faulty, we would endevor to correct any issues. If this is the case you must contact us within seven (7) days of the receiving the product.
Britannia Rose allows third party sellers to list and sell their products at britanniarose.com. Where issues occur we will endevor to communicate with the seller in order to resolve problems. While Britannia Rose helps facilitate transactions that are carried out on the Britannia Rose Marketplace, Britannia Rose is neither the buyer nor the seller of the seller's items. Britannia Rose provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between buyer and seller. Britannia Rose is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller's agent. The seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.
For most non-bespoke products bought online you have a legal right to change your mind within 14 days and receive a refund, however, you would need to cover the cost of the shipping and restocking to do so.
COOLING-OFF PERIOD
We purchasing directly from Britannia Rose, you can cancel for a full refund up to 48 hours after placing your order when selecting our standard delivery option and 24 hours when selecting our Express delivery service. Please note, some third-party seller do not offer a cooling-off period.
POSTAGE
Our turnaround time is varied, and is updated regularly to give the most accurate information possible. The turnaround time is subject to change at any point, it is recommended that you double check the turnaround time before completing an order. Products will be delivered by courier to the address provided when ordering, a notification email will be sent to you informing you that the products have been dispatched.
Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made on our website.
THIRD-PARTY LINKS
Certain content, products available via our website may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
PERSONAL INFORMATION
Your submission of personal information through the site is governed by our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and product shipping charges. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Many fabrics are reversible, although great care is taken to ensure labels are attached to the same side as the website image, sometimes this is not the case. It is important to note that when manufacturing the items the default side will be the one on the website, therefore, please check fabric images on the website match the side you require before placing the order. If in doubt please contact us before placing the order to specify the side required.
APPLICABLE LAW
These Terms are governed by and construed in accordance with the laws of England. We both agree to submit to the non-exclusive jurisdiction of the courts of England.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
CHANGES TO TERMS OF SERVICE
We reserve the right to make changes to our website, policies, and terms and conditions, including these Terms at any time. You will be subject to these Terms, policies and any other conditions in force at the time that you order products from us, unless any change to those Terms, policies or any other conditions is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Terms are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
WAIVER
If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
CONTACT INFORMATION
Questions about the terms and conditions should be sent to us at support@britanniarose.com.