Terms & conditions

 

Ordering from the website is very easy, simply browse the store and select the items you require - when you are ready to purchase simply Checkout and provide the relevant details to complete the order.

After your payment details have been verified you will receive an invoice with a breakdown of your order, keep hold of this as you may need to refer to it in future correspondance.

Ideally, you can store your invoice online by becoming a registered customer, this way youu can simply login to the site to review previous orders or check the status of the current order.

All sales are subject to the following terms and conditions:

1. Descriptions.
1.1 Unless otherwise agreed prior to sale, a purchaser shall be deemed to rely entirely upon his own inspection, advice or opinion as to the value, quality or fitness for purpose of any item which is offered for sale by Rose Awnings (RA).
1.2 Any opinion expressed by RA or or by any of its Owners, employees, workers or agents as to the value, quality or fitness for purpose of any item shall be an honest opinion given in good faith, but it is agreed by the purchaser that no liability shall attach to RA or the said individual in respect of its accuracy.
1.3 RA reserves the right to amend the description, specification or price of items shown in its catalogue, or to discontinue any such
item, with or without notice.

2. Limitation of Liability.
2.1 Other than for the warranties implied by statute, RA offers no warranty, guarantee or indemnity to any purchaser regarding the quality or fitness for purpose of any item unless the same is confirmed in writing by the owner of RA.
2.2 Any claim by the purchaser that goods delivered by RA differ in specification, quality or quantity from those ordered by the purchaser shall be notified to RA within 2 working days of receipt by the purchaser, after which time, if the error has not been so notified, RA shall not be liable to the purchaser.
2.3 Any claim by the purchaser that goods ordered from RA have not been delivered shall be notified to RA within 7 days of receipt by the purchaser of notification that the goods have been despatched by RA after which time, if the error has not been so notified, RA shall not be liable to the purchaser.
2.4 Any claim (other than a claim subject to clauses 2.2 or 2.3 above) which arises whether in contract or in tort from the sale or a contract for the sale of an item shall be notified to RA within 30 days after the item leaves RA's possession; after which time, if the claim has not been so notified, RA shall not be liable upon the claim.
2.5 In no event shall RA be liable for special, incidental or consequential damages arising from the sale or a contract for the sale of an item unless at the time of the said contract or sale a director of RA has agreed in writing to assume the risk thereof.

3. Purchase Price.
3.1 The purchase price is as stated on the invoice. Value added tax at the current United Kingdom rate is applicable unless the item is subject to export out of the European Union or it is otherwise stated.
3.2 Unless otherwise agreed, the invoice shall be expressed and payment shall be made in sterling. Where a purchaser prefers to settle an invoice in a currency other than sterling, the invoice shall show the price of the goods in both sterling and the currency preferred by the purchaser. If on the date of payment by the purchaser the value of sterling has declined against the currency preferred by the purchaser, the purchaser shall be obliged to pay the amount which, on that day, is the amount of the preferred currency which is equivalent to the sterling amount shown on the invoice.
3.3 Payment of the full sum shown on the invoice (including any storage, carriage or insurance charges) is due not later than the last day of the month following the month in which the goods are delivered to the purchaser, unless credit terms have been agreed in writing by RA. In such a case, payment terms shall be as provided in the credit agreement.
3.4 RA shall not be liable for handling, storage or customs charges, import duties, or transit insurance for shipments outside the
United Kingdom.
3.5 Reservations are made with respect to fluctuations in the rate of exchange between the €/Euro and £/Sterling. ROE €1.18 / £1 +/- 5%

4.Title, risk and payment terms.
4.1 Title remains with RA until payment for the item (and of any incidental charges included in the invoice) has been received in full.
4.2 A purchaser who disposes of an item before title has passed to him shall hold the entire proceeds of sale thereof in trust for RA until RA receives payment of all sums included in RA's invoice.
4.3 Items shall remain at the risk of RA whilst they remain in RA's possession or in the possession of storers or carriers instructed by RA. Once an item is in the possession of a purchaser or his storers or carriers it shall be at the purchaser's risk, and if title therein has not passed to the purchaser by virtue of clause 4.1 above, the purchaser shall at his own expense insure the item against all risks on behalf of RA in the full amount of its replacement value.
4.4 Unless otherwise stipulated at the time of payment, deposits are not refundable.
4.5 Invoices are payable forthwith unless stipulated in a credit agreement pursuant to clause 3.2. If an invoice which is not covered by such a credit agreement remains unpaid after the date of payment defined by clause 3.3 above, RA shall become entitled to charge interest on the whole amount of the invoice (or on any balance thereof following receipt of part payment) from the date of the invoice until payment is received in full at a rate 3% over the base lending rate of Barclays Bank plc for the time being.
4.6 Other than by further express agreement between the parties, RA shall not be obliged to accept any goods for return. Any goods which RA agrees to accept for return shall be conveyed to RA at the risk of the purchaser, who shall at his own expense insure the same against all risks in transit for the benefit of RA.

5. Shipping Terms.
5.1 RA will at the purchaser's request arrange storage or shipping by a carrier, but, unless otherwise agreed such costs, and all insurance of the work after the work has left the possession of RA, are the responsibility of the purchaser.
5.2 Delivery dates or times are given as estimates only and RA shall not be liable for delay in delivery or for loss or damage occurring in storage or transit after a work has left RA's possession.

6. General.
6.1 Prior to incorporation into a contract for sale RA reserves the right to modify these terms from time to time upon reasonable notice.
6.2 Once incorporated into a contract for sale, these terms may be modified only by written agreement between RA and the purchaser.
6.3 No variation or concession given or allowed by RA shall by reason of a course of dealing between the parties modify these terms.
6.4 In the event of any conflict between any of these terms and a term stipulated for by the purchaser, the term herein contained shall prevail.
6.5 Should any of these terms which has been incorporated into a contract of sale be found by a court to be illegal or unenforceable, the court may at its absolute discretion (a) sever the said term only and give effect to the remaining terms of the contract or (b) give effect to such reasonable amendment of the said term as is the minimum necessary to render the said term legal or enforceable.
6.6 The proper law of this agreement is English law, and the parties agree to refer any dispute hereunder or in connection with any contract for sale which incorporates these terms to the exclusive jurisdiction of the courts of England and Wales.

Time for delivery

We stock most items within our store, however some larger items or bespoke products will be ordered specially from the manufacturer and therefore there may be a slight delay in posting the item out.

We endeavour to ship all items next day, but certainly within 6 working days however should we feel an item may take a little longer we will inform you of this.

 

Deliveries outside the UK

Orders from customers with non UK delivery addresses must first enquire on final international shipping costs. Any orders deemed none UK mainland will be refunded, however the business shall attempt to contact the customer beforehand relating to additional shipping costs and that difference can be settled upon agreement.”

Returns and refunds

We’ve taken great care in selecting all of products to ensure you receive the very best  and that care and attention carries through on to our service to you.

We want you to be 100% satisfied with your purchase and, so you can buy with confidence, we will happily refund or exchange any item you have bought within 7 days of receipt* (providing the goods and packaging are intact.)

In some exceptional cases, replacements may be difficult to fulfil as we have to order items direct from manufacturers. If this is the case, then we will endeavour to exchange for a similar item.

If for the unlikely reason you are unhappy with any part of our service, or with your purchase, then please do not hesitate to let us know and we will do our utmost to make sure you’re happy again!

*Unfortunately, because we’re just so generous during our sale time, we can’t give refunds on sale items, however, we would be more than happy to exchange for another item of the same value.

Cancelling your order

If for any reason you have placed an order and then decided you want to cancel it, then please just let us know. However, you’ll have to be quick because we like to try and get your order to you as fast as we can, so there’s a good chance that it’s already in the post, in which case we can refund or exchange.