Terms and Conditions for the Supply of Goods
Trading Principles and Policies
This contract sets out:
- Your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law (or as part of our own customer policy).
In this contract:
- ‘We’, ‘us’ or ‘our’ means Rawle Gammon & Baker Holdings Limited and
- ‘You’ or ‘Your’ means the person buying the goods from us.
Customer Service Comes First - Our Policy and Approach
We want to ensure that You enjoy the very best of customer experience. We value Your custom. We want You to keep coming back to us. We aim to be better than our competitors in the way we treat You and that includes the way in which we form contracts with You and the terms on which we do business.
Like all businesses we have to manage our commercial risk. We try to do that in a fair and reasonable way. We use a reasonable and well balanced set of terms and conditions of sale written in plain English. Before either of us relies on the legal terms, if there is an issue, the first thing to do is simply to talk to us, and we will try to help to the extent reasonable.
In the UK when a business sells goods to customers there are certain legal rights that consumers enjoy. “Consumers” are customers who are not buying the goods for business reasons. Consumer legal rights, include the right to cancel contracts made online and to receive certain information at the outset. Some of those legal rights are set out in the shaded box below.
As a company we want to ensure that our trade or business customers have similar rights to consumers. Although we are not obliged to do so by law, it is our policy to apply business-to-consumer legal rights to our business-to-business trade where reasonable.
We apply this approach irrespective of how the contract is formed. So it generally makes no difference if You buy goods at one of our branches or via our website or at distance (for example orders given and accepted by telephone).
We do reserve the right to change our policy on business-to-business contracts at our discretion depending on which business we are dealing with, their history with us and our perceived level of risk (a good example of this would be when we think there is a higher risk of not being paid or being paid late by a particular customer).
By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the Regulations”), say that we must give consumers certain key information before a legally binding contract between us and a consumer is made. We have tried to give You this information in a clear and understandable way. If something is not clear do call us. Some of this information is likely to be obvious from the context. Some of this information is set out in these terms and conditions. The Key Information includes:
- a description of the goods, service or digital content, including how long any commitment will last on the part of the consumer; This will be obvious during the buying process and will be set out either in Your shopping basket when buying online or in any Customer Confirmation email or form.
- the total price of the goods, service or digital service or the manner in which the price will be calculated if this can’t be determined. As above this will be obvious when buying.
- how You will pay for the goods or services and when they will be provided to You. As above and see condition 14.1 below in the Contract Conditions.
- any additional delivery charges and other costs (and if these charges can't be calculated in advance, the fact that they may be payable). As above and see condition 14.2 below in the contract conditions.
- details of who pays for the cost of returning items if You have a right to cancel and change Your mind. See condition 10 below.
- details of any right to cancel – we will provide, or make available, a standard cancellation form to make cancelling easy (although You aren’t under any obligation to use it). See condition 8 below.
- information about us, including our geographical address and contact details and the address and identity of any other trader for whom we are acting. We are not acting for anyone else.
We are Rawle Gammon & Baker Holdings Ltd registered in England and Wales under company number 308273: Our registered office is at Gammon House, Riverside Road, Pottington Business Park, Barnstaple EX31 1QN. Our VAT number is: GB 143011918.
Cancellation and Refund Rights
The Regulations say that up to 14 days after receiving goods, in most cases, a consumer can change its mind and get a refund.
Our policy: We will apply this cancellation right whether You are buying from us as a consumer or in the course of a business and whether it is online, at distance or on premises e.g. by way of a face to face sale in our branches.
Unless goods are faulty we do not normally refund delivery charges if goods have been delivered.
We do reserve the right to change our policy on business-to-business sales at our discretion generally and depending on which business we are dealing with and our perceived level of risk. We will tell You if we decide to do that. We do not have to give reasons.
The Consumer Rights Act 2015 says for consumers Your goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of Your product You’re entitled to the following:
- up to 30 days: if Your goods are faulty, then You can get a refund;
- up to six months: if Your goods can’t be repaired or replaced, then You’re entitled to a full refund, in most cases;
- up to six years: if the goods do not last a reasonable length of time, You may be entitled to some money back.
Once again we apply these rights irrespective of whether You are a consumer or a business.
Talk to us
If You don’t understand any aspect of this contract and want to talk to us about it, please contact us by:
- telephone at one of our branches or Head Office – the relevant telephone numbers are available on our website here at www.rgbltd.co.uk (our opening hours are also available on the website); or
- email email@example.com (emails will be answered between our office hours from Monday to Friday: 8 am to 5 pm]).
Do You need an adjustment to the way we communicate with You or personalised help when visiting our branches? For example if You have a hearing or speech impediment or a condition or disability that we need to account and adjust for, do let us know and we will try and find the best way we can to work with You so You can enjoy a good customer experience with us. If You would like this contract in another format (for example: audio, large print, braille) please contact us using the contact details at the top of this page.
We will always try our best to serve You in a professional and polite manner. If You think that any of our colleagues have fallen short of these standards please email firstname.lastname@example.org and we will try to contact You to obtain further details.
In return we only ask of our customers that they deal with us in a similar way. We therefore reserve the right to exclude from our premises and or decline to deal with anyone who is abusive to any of our staff or other customers or makes any adverse personal or discriminatory remarks (for whatever reason).
Your privacy and personal information
Modern Slavery We are a socially responsible organisation. Our Modern Slavery Policy is available here at www.rgbltd.co.uk.
If You buy goods from us You agree to be legally bound by these contract conditions which include our Trading Principles and Policies set out above.
- Ordering goods from us at a Branch
The contract between us will only be formed when we have provided a Customer Confirmation document or email to you and if we ask You to pay for the goods up front, when the goods have been paid for in full and in cleared funds or if we ask You to pay a Deposit (see clause 5), when You have paid the Deposit (in full and in cleared funds). The Customer Confirmation is our written acceptance of Your order identifying the Goods to be supplied, the price and any delivery or other charges including the Specification (where relevant).
- Ordering goods from us on-line
- You can place an order on our website by following the buying process indicated after You have selected Your goods. Please read and check Your order carefully before submitting it.
- When You place Your order at the end of the online checkout process (e.g. when You click on the ‘Place Order’ button), if you have made an immediate payment we will acknowledge the payment by email. This acknowledgement does not, however, mean that Your order has been accepted.
- We may contact You to say that we do not accept Your This is typically for the following reasons:
- the goods are unavailable;
- we cannot authorise Your payment;
- You are not allowed to buy the goods from us;
- we are not allowed to sell the goods to You;
- You have ordered too many goods; or
- there has been a mistake on the pricing or description of the goods.
- We will only accept Your order when we telephone or email You to confirm this (Order Confirmation Call or Email). At this point:
- a legally binding contract will be in place between You and us; and
- we will dispatch the goods to
- By law, for online sales with consumers we must give You certain key information before a legally binding contract between You and us is made. See our Trading Principles and Policies set out above. If we have to change any key information once a legally binding contract between You and us is made, we can only do this if You agree to it.
- Goods supplied to a specification (an in Branch service only)
- For orders for goods where we carry out design work for You the contract is formed as follows. You will need to visit or contact us at one of our branches. We will work with You to process Your requirements and prepare a draft specification for You to review and agree (either at one of our showrooms and/or (if relevant) following a site visit to the address to which the goods relate). We reserve the right to charge for design services and or recharge our costs for site visits.
- Once You and we have agreed the specification we will provide You with a quotation for the products described in the specification. This does not mean that Your order has been accepted, nor that a contract between us has yet been formed. If You would like to proceed, we will ask You to sign a Customer Confirmation document and may ask You to pay a deposit. This step must be completed at one of our branches. The contract will only be formed when we have both signed the Customer Confirmation form and (where applicable) when we have received payment (in full and in cleared funds) of the Deposit (see clause 5).
We reserve the right to ask You to pay a deposit in respect of any goods or services You are ordering from us. If we ask You to pay a deposit, we will let You know the amount You are required to pay and the deposit must be paid by credit or debit card, by cheque or via BACS. You acknowledge and accept that once a contract has been formed, if You or we cancel the contract, we may retain all or part of the deposit if we have incurred costs in fulfilling Your order (for example, if we have undertaken design work or bought goods that are bespoke to Your order).
- Assessing Fitness for Purpose – Its Your Responsibility
Without changing Your statutory rights (see clause 15) it is up to You to decide in advance of selecting them whether the goods You intend to buy are fit for Your purpose. If You are in any doubt as to their fitness for Your purpose it is Your responsibility to check with an appropriate independent expert or professional as to their suitability. Whilst we use reasonable care in trying to answer Your questions about the goods we sell before You buy them, we do not accept responsibility for any assistance or opinion given by us on this topic.
- Age Restricted Goods
Some goods we sell are age restricted or require a specific licence. You may not be able to buy certain goods because You are too young or do not have the appropriate licence. These goods are set out on the relevant webpage for the goods and /or by notices or other material on the packaging for the goods and/or in our branches.
- Right to cancel this contract
- You have the right to cancel Your contract within 14 days without giving any reason unless clause 8.6 applies.
- The cancellation period will expire as set out in the table below.
End of the cancellation period
If Your contract is for a single item (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which You receive the item .
Example: if the contract is formed on 1 January and You receive the item on 10 January, You may cancel the contract at any time between 1 January and the end of the day on 24 January.
If Your contract is for either of the following:
· one item which is delivered in several parts in instalments on separate days.
· multiple goods which are delivered on separate days.
The end date is the end of 14 days after the day on which You receive the last instalment of the item being delivered in several parts by instalment (or for multiple goods which are delivered on separate days the end date is the end of 14 days after the day on which You receive the last one)
Example: if the contract is formed on 1 January and You receive the first instalment of the separate items on 10 January and the last instalment on 15 January, You may cancel the contract in respect of all instalments and any or all of the separate goods at any time between 1 January and the end of the day on 29 January.
- To exercise Your right to cancel, You must inform us of Your decision by using the standard cancelation form (see clause 8.5 below) or by a clear statement cancelling the contract (e.g. a letter sent by post or by email). If You do not wish to use a cancellation form, You can also tell us in person at a branch or email us, telephone us or write to us to let us know that You wish to cancel Your order. To do so, please use the email address, telephone number or postal address of the branch where You placed Your order (which is available here on our website at www.rgbltd.co.uk).
- If You are emailing us or writing to us, please include details of Your order to help us to identify it (e.g. Your order number, name, email address, etc.). If You send us Your cancellation notice by email or by post, then Your cancellation is effective from the date You send us the email or post the letter to us. For example, You will have given us the notice in time as long as You get Your letter into the last post on the last day of the cancellation period (with the correct postage paid) or email us before midnight on that day. You may wish to keep a copy of Your cancellation notice for Your own records.
- You can use the model cancellation form set out in the box below, but it is not obligatory.
To Rawle Gammon & Baker Holdings Limited, [insert appropriate Branch geographical address and, where available, telephone number and email address]:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/the supply of the following service [*],
Ordered on [*]/received on [*],
Name of Customer,
Address of Customer,
Signature of Customer (only if this form is notified on paper),
[*] Delete as appropriate
- You may not cancel any goods that are:
- ordered and/or made to Your specification; and/or
- which are clearly personalised or custom made;
- nor any goods which have become mixed inseparably with other items after their delivery to You.
- Cancellation and Refunds
- If You cancel this contract, (subject to clause 14.3) we will reimburse to You all payments received from You for the goods, including the costs of delivery except for:
- the supplementary costs arising if You chose a type of delivery other than the least expensive type of standard delivery offered by us;
- goods that have already been delivered to You (unless they are faulty goods).
- We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary or careless handling by You.
- We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we received back from You any goods supplied; or
- (if earlier) 14 days after the day You provide evidence that You have returned the goods; or
- if there were no goods supplied, 14 days after the day on which we are informed about Your decision to cancel this contract.
- We will make the reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of the reimbursement.
- We can reduce Your refund to reflect any reduction in the value of the goods, if this has been caused by Your lack of care for them or unnecessary/unreasonable handling or use of them in a way which is beyond what is necessary simply to establish the nature, characteristics and functioning of them. For example, if You removed the Product from packaging to check that the Product is not damaged and or works, this would be acceptable. It is likely that we would reduce Your refund to reflect its diminished value if You had put it to use beyond an initial check and/or caused any damage to the Product before You returned it to us.
- Cancelled Goods – You Meet the Return Costs
- If You have exercised Your cancellation rights You will be responsible for the cost of returning the goods to us and for ensuring that they are returned to us not damaged.
- We may offer to arrange collection of the goods on Your behalf. If You accept that offer, You will be responsible for paying us for the cost of collection. We will collect the goods from the address to which they were delivered and You will make sure all necessary and safe site access is given. If You do not and we incur additional costs as a result we may charge for those additional costs. We will contact You to arrange a suitable time for collection. If we have offered to collect them from You, we will charge You the direct costs to us of collection which we will tell You about in advance.
- We recommend that goods that we are not collecting from You are returned to us either in person to the branch which the goods were ordered from, or using a reputable delivery provider. If goods are damaged or lost while they are in Your control or in delivery, we reserve the right to charge You, or not to refund any amounts due to You, that are attributable to the loss or damage.
- Delivery Arrangements
- When You place Your order, You can choose between:
- collecting the goods from one of our branches (which may be designated by us); or
- asking us to arrange for the goods to be delivered to You at the delivery location specified on any accepted order.
- If something happens which:
- is outside of our control; and
- affects any estimated date of delivery;
we will let You have a revised estimated date for delivery of the goods.
- Delivery of the goods will take place when we deliver them to the address that You gave to us.
- Unless You and we agree otherwise, if we cannot deliver Your goods within 30 days, we will:
- let You know;
- cancel Your order; and
- give You a refund.
- If nobody is available to take delivery, please contact us using the contact details provided in Your Customer Confirmation or in the Key Information above.
- You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to You when You take possession of the goods.
- We do not make deliveries to any addresses outside of the UK.
- We may deliver Your goods in instalments.
- Payment by Credit Account Holders
- We will send You an invoice for all goods on our next invoicing day (which we operate on at least a twice-weekly basis) following collection/delivery to You. You must pay us in cleared funds in full within 30 days of the end of the month in which the invoice was issued. For example, if You collect goods from us on Monday 3 July, we will normally issue our invoice to You on the following Tuesday (i.e. 4 July) and You must pay our invoice within 30 days from the end of July (i.e. by 30 August).
- We will issue a statement to You once a month, showing all the outstanding invoices and credits You have received from us on Your Credit Account, any payments on account received from You and the balance of payments due on the Credit Account.
- If You do not pay our invoices in full and on time we may terminate or suspend Your Credit Account.
- Other terms and conditions relating to the operation of any Credit Account and how You or We may end it are supplied to You by us when You first apply for it. Those terms and conditions are deemed to form part of any contract for the sale of goods we make with You unless We agree otherwise in writing. We may update those terms and conditions from time to time by giving notice of any changes to You. If You do not accept such changes we have the right to cancel Your Credit Account.
- Payment by Non-Credit Account Holders
- If You do not have a Credit Account with us, payment for the goods must be made in full in cleared funds before the goods are collected from us or delivered to You.
- Any required deposits will be payable as described in clause 5 We will issue a Receipt to You for the amount of any deposit paid.
- If You have not paid in full in advance we will send You in writing a notice requesting payment of the balance due (showing the price of the goods, any applicable VAT and any delivery charges less the amount of any deposit paid) a “Request for Payment”. You must pay this within five (5) Business Days of the date of the request. Business Days means Monday to Friday excluding Public Holidays in the UK. We will not deliver the goods to You until we have received payment in full and in cleared funds of all amounts due to us.
- You will only own the goods when we have received payment (in full and in cleared funds) of the Purchase Price for these goods and for any other goods we have supplied to You under any contract or arrangement.
- Payment Terms Applicable to all Customers
- You can pay our invoices via bank transfer, through our online portal at rgbltd.co.uk by debit or credit card or by cheque (made payable to 'Rawle Gammon and Baker Holdings Ltd').
- You must pay as set out in the Customer Confirmation or Customer Confirmation email :
- The price of the goods; plus
- any delivery charges (if You have asked us to deliver the goods to You); plus
- any applicable VAT at the rate in force at the date the contract is formed between us.
- We may offset any payment made by You to us against any valid unpaid or overdue invoice issued by us to You.
- We may charge You interest at a rate of 3% per annum above the base rate of the Bank of England from time to time on the overdue amount. The interest will accrue on a daily basis from the date that payment of our invoice was due up to the date that the overdue amount is paid in full, whether before or after judgment. You must pay the interest together with the overdue amount and You shall pay us all out-of-pocket court and other fees (including reasonably incurred legal fees) and expenses incurred in recovering payment from You.
- Nature of the goods
- The Consumer Rights Act 2015 gives consumers certain legal rights (also known as ‘statutory rights’), for example, the goods:
- are of satisfactory quality;
- are fit for purpose;
- match the description, sample or model; and
- are installed properly (if we install any goods).
- We must provide You with goods that comply with Your legal rights.
- The packaging of the goods may be different from that shown on our website or in any catalogues.
- While we try to make sure that:
- all weights, sizes and measurements set out on the site are as accurate as possible, there may be a small tolerance of up to +/- 5% in such weights, sizes and measurements in for some goods for example aggregates and timber; and
- the colours of our goods are displayed accurately on our website, the actual colours that You see on Your computer may vary depending on the monitor that You
- Any goods sold:
- at discount prices;
- as remnants; or
- as substandard;
will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
- If we can’t supply certain goods we may need to substitute them with alternative goods of equal or better standard and value. In this case:
- we will try to let You know if we intend to do this but this may not always be possible; and
- You can refuse to accept such substitutes, in which case we will offer You a refund or a replacement and let You know how long such an offer remains open for.
- Faulty goods
- Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of some of Your key rights. For more detailed information on Your rights and what You should expect from us, please:
- contact us using the contact details at the top of this page; or
- visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
- Nothing in this contract affects Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
- Please contact us using the contact details at the top of this page, if You want:
- us to repair the goods;
- us to replace the goods;
- a price reduction; or
- to reject the goods and get a refund.
- It is our policy to apply the same statutory rights enjoyed by consumers to our business customers.
- End of the contract
- We may end a contract at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment in full in cleared funds including any interest, fees and expenses to which we are entitled within 7 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with instructions/information that are necessary for us to provide or deliver to you the goods ordered.
- you do not, within a reasonable time, allow us to deliver the goods to you; or
- we have a legal right to end the contract because of something you have done;
- if you are or become bankrupt or insolvent.
- If this contract is ended it will not affect our right to receive any money which You owe to us under this contract.
- Limit on our responsibility to You
- Subject always to:
- Clause 18.5 which takes priority over any other clause in these conditions;
- Clauses 18.2, 18.3 and 18.4,
we are responsible for costs, loss or damage You suffer that are a natural and foreseeable consequence of our breach of these conditions or Your Statutory Rights or because we did not use reasonable care and skill provided that it is a type of cost, loss or damage that You and We have expressly agreed in writing before the contract is formed that We are willing to bear.
- Loss, cost or damage is natural and foreseeable if it was obvious to both of us that it will happen or if, at the time the contract was made, both We and You knew it might happen. For example if You discussed it with us during the sales process and it is a type of loss or damage that We have agreed in writing we were willing to bear. Loss cost or damage is not foreseeable for example, if it is payments that You know would be due from You to any third party under any other contract or arrangement for delayed or defective performance (e.g. penalties or costs of third party labour).
- You must take all steps needed to mitigate any costs, losses and or damages that You may suffer in the event that we fail to comply with these conditions.
- We will have no liability to any of our customers (whether business or consumers) for any of the following losses:
- loss of profit, revenue, sales or income;
- loss of savings or anticipated savings;
- loss of enjoyment;
- loss of or damage to reputation or goodwill;
- loss of business, business interruption, or loss of business opportunity;
- loss or corruption of data or information;
- loss of use or production;
- damage to property or possessions through use or misuse of the goods;
- loss caused by delay or other late performance; and
- any other special, indirect or consequential loss, costs, damages, charges or expenses suffered by You that arises under or in connection with any contract to which these conditions apply.
- We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence or that of our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation;
- any liability or responsibility that cannot be excluded or restricted under section 31 of the Consumer Rights Act 2015;
- defective products under the Consumer Protection Act 1987; or
- any other liability for which it would be unlawful for us to attempt to limit or exclude liability.
- Events Outside of Our Control
Neither party will be liable for failing to perform any obligation in this contract resulting from circumstances beyond the party’s reasonable control. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract for a period of more than eight weeks beyond the estimated delivery date, then You or We may cancel any contract affected and we will refund any sums you have paid to us (subject to clause 14.3) in respect of the goods have been paid for, but not delivered, as soon as we are able to.
- We will try to resolve any disputes with You quickly and efficiently.
- If You are unhappy with:
- the goods;
- our service to You; or
- any other matter,
please contact us as soon as possible.
- If You and we cannot resolve a dispute using our internal complaint handling procedure, we will:
- let You know that we cannot settle the dispute with You; and
- give You certain information required by law about our alternative dispute resolution (“ADR”) provider. 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 or we fail to resolve a dispute between us in relation to the Credit Account, a contract or the goods You may want to contact The Retail Ombudsman, who is a certified ADR provider with whom we are willing to work. Further information about The Retail Ombudsman is available on their website at http://www.theretailombudsman.org.uk. We are also required to provide You with a link to the European Commission's Online Dispute Resolution (ODR) platform: http://ec.europa.eu/consumers/odr/.
- If You want to take court proceedings, the courts of the part of the United Kingdom in which You live will have non-exclusive jurisdiction in relation to this contract.
- The laws of England and Wales will apply to this contract.
- Other Important terms
- Third party rights. No one other than a party to this contract has any right to enforce any term of this contract.
- No Set off. All amounts due under the Credit Account and/or any contract shall be paid in full, without any set-off, counterclaim, deduction or withholding (other than any required by law).
- Our right not to accept orders. We may decide not to accept an order from You. If we do so, if You have made any payment in advance for the goods, we will refund You (subject to clause 14.3) the full amount You have paid as soon as possible.
- We may transfer this agreement to someone else. We may transfer our rights under any Credit Account and/or any contract with You to another organisation, but this will not affect Your rights or obligations under these conditions. You may only transfer Your obligations under these conditions to another person if we agree in writing.
- If a court finds any of these conditions unenforceable, the rest will continue in force. Each of the clauses of these conditions operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses (and part clauses, where relevant) will remain in full force and effect.
- Even if we delay in enforcing these conditions, we can still enforce them later. If we do not insist immediately that You do anything You are required to do under these conditions, or if we delay in taking steps against You in respect of Your breaking the contract, that will not mean that You do not have to do those things or prevent us taking steps against You at a later date.