TERMS & CONDITIONS

1 THESE TERMS

1.1 These are the terms and conditions (“Terms”) on which We supply products to you, whether these are products or services, on Our Website (www.francisrussell.co.uk) (“Site”). These Terms will also apply if you make a purchase via email.

1.2 Please read these Terms carefully before purchasing any products or placing any orders with Us. These Terms tell you who We are, how We will provide products to you, how you and We may change or end the contract, what to do if there is a problem and other important information.

 

2 ABOUT US AND HOW TO CONTACT US

2.1 FRD Designers and Makers (www.francisrussell.co.uk) is the trading name of FRD Designers and Makers Limited. FRD Designers and Makers Limited (“We”, “Our” and “Us”) is a company incorporated in England and Wales with company number 06972995 whose principle place of business is 4 St. Giles Workshops, Baileys Hill, Wimborne St Giles, Dorset, BH21 5NE.

2.2 Our contact details are as follows:

2.3 If We have to contact you We will do so by telephone or in writing to you at the email address or postal address provided to Us when a purchase was made

2.4 When We use the words “writing” or “written” in these Terms, this includes emails

3 OUR CONTRACT WITH YOU

3.1 Orders placed through Our Site or via email are an offer to purchase the products you have selected. At this stage, no contract exists until We decide to accept it. All orders are subject to availability and acceptance by Us.

3.2 Once you place your order, We will send you an email confirming the products you have ordered. This is not an acceptance of your order. If there are any errors or you do not receive an email, please contact Us within 24 hours. Our acceptance of your offer will take place when We send the order confirmation.

3.3 The products, details, product prices and quantities contained within Our Order Confirmation are final and will supersede any conflicting details, quantities or terms contained within your purchase order.

3.4 The delivery cost contained within Our Order Confirmation is an estimate. The final delivery cost will be confirmed upon receipt of payment and invoiced prior to delivery unless collection is agreed directly from our Workshop in Dorset (see FRD Company address).

3.5 If We are unable to accept your purchase or order, We will inform you of this and will not charge you for the product (or if We have already charged you, you will be refunded). Reasons for this may include, but are not limited to, a product is out of stock, the product you have ordered has been discontinued, We are unable to obtain authorisation for your payment, your order has not passed Our fraud screening process, an item is unable to be shipped overseas to your given delivery address due to transport or import restrictions, because of unexpected limits on Our resources which We could not reasonably plan for, because We have identified an error in the price or description of the product, or because We are unable to meet a delivery deadline you have specified.

3.6 Where applicable, We will assign an order number to your order and tell you what it is when We accept your order.

 

4 OUR PRODUCTS

4.1 The images and descriptions of the products on Our website are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. The packaging of the product may vary from that shown in images on Our website. All measurements given are approximate.

4.2 The tone, colour, character, and patina of metalwork are variable and We cannot guarantee that the image on Site accurately reflects the finish of the product. Your products may vary slightly form those images.

4.3 We apply ‘living finishes’ to Our products, meaning they will change and develop over time. These variations in finish are not considered defects in material or workmanship.

 

5 PRICING

5.1 The price of the product (excluding any delivery charges) will be the price indicated in the order confirmation.

5.2 We may change the price of a product from time to time, but changes will not affect any order We have already accepted prior to the date of the change in pricing.

5.3 It is possible that, despite Our best efforts, some of the products We sell may be incorrectly priced. We endeavour to check prices prior to accepting your order. If the product’s correct price at your order date is different than the price stated to you, We will contact you for your instructions before We accept your order. If We accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, We may end the contract, refund you any sums you have paid and require the return of any products provided to you.

 

6 TERMS OF PAYMENT

6.1 For stock products, you must pay for the products in full at the time of ordering or, in accordance with the payment terms agreed in writing by Us. Delivery charges will be advised following an order confirmation and must be paid in full before an order can be dispatched.

6.2 You must pay all amounts due to Us under these Terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

6.3 In case of late payment, interest will be charged at a rate of 8% per month or part thereof as of the due date.

6.4 Furthermore, We reserve the right to suspend your account if a balance is overdue, in which event no Orders or deliveries to the Buyer will be processed.

 

7 TERMS OF DELIVERY

7.1 Before or after you place your order, you may be given various delivery options to choose from with estimated delivery times and dates depending on the delivery address. For orders outside of mainland UK, We may contact you to arrange delivery. For certain products, you may be given an estimated lead time and We may need to contact you to arrange a suitable delivery date.

7.2 In some circumstances, We may only be able to provide you with an estimated delivery cost prior to confirming your order. In these circumstances, once you have placed your order, We will contact you thereafter to confirm the cost of delivery which will be added to your order. We will only accept your order for production once you have confirmed you are happy with the costs of delivery and proceeded with payment required. If We and you cannot agree on the costs of delivery, or We are unable to contact you, then We or you may cancel the order and, if any money has been taken from you for the products, We will refund this to you.

7.3 Your order will be delivered by way of one of the following incoterms, this will be detailed on the invoice provided by Us:

  • Ex Works (“EXW”)

  • Delivered at Place (“DAP”)

  • Delivery Duty Paid (“DDP”)

7.4 We endeavour to deliver your order to you within the timeframe We specify. However, lead times and delivery dates and times provided are estimates only. We cannot guarantee that orders will be delivered within estimated delivery or lead times. Delays may occur due to circumstances beyond Our control, such as delays by third party suppliers or due to Brexit. No compensation shall be due from Us to you for orders that are delivered after their estimated delivery dates and/or times. If you have any problems with your delivery or order, please let Us know as soon as possible.

7.5 If Our supply of the products and/or services is delayed by an event outside Our control then We will contact you as soon as possible to let you know and We will take steps to minimise the effect of the delay. Provided We do this We will not be liable for delays caused by the event, including any compensation. An event outside Our control may include, but is not limited to, strikes, lock-outs or other industrial disputes (whether involving the workforce of FRD or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, default of suppliers or subcontractors, pandemics, epidemics, local disease outbreaks, public health emergencies and quarantines.

7.6 You should note that if you are purchasing products to be shipped outside the UK via our website, VAT will be deducted from the order at the checkout once you have filled in the shipping and billing information. On delivery to these countries, you may be liable for import duty and local taxes on your order, which will need to be paid to the carrier or local tax office before they will release the products. You should contact your local tax office if you require more information about this. We are unable to provide any guidance on duties or taxes.

7.7 In circumstances where We are required to charge VAT when placing your order, a VAT refund may be requested if:

a) We ship your order directly outside of the UK and have the appropriate shipping documentation.

b) You organise shipping of your order directly to a destination outside of the UK, and you provide the requested documentation to Us evidencing the export of the items, within 1 month of the date of supply.

7.8 You are responsible for ensuring that the product you are ordering is of a size that can be delivered into your home. If you have any questions or concerns about sizing, please contact Us before placing your order. You should check in advance that the products will fit up stairways, through doorways and any restrictive spaces.

7.9 If you opt to collect the products from Us, collection must be completed within 1 calendar month of Us issuing notification that the product is ready for collection.

7.10 If you do not collect the products from Us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot We will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite Our reasonable efforts, We are unable to contact you or re-arrange delivery or collection We may end the contract.

7.11 If you opt to collect the products from Us, or arrange your own delivery service, We will not be liable for any damage which may arise including but not limited to the improper packaging of goods.

 

8 LEAD TIMES

8.1 Once you place your order, We will send you an email confirming the products you have ordered, including price and the estimated lead time shown at the time of ordering.

8.2 The lead time advised excludes shipping time and the time it may take through customs clearance (notably for orders outside of the UK).

8.3 We endeavour to deliver your order to you within the timeframe We specify. However, lead times and delivery dates and times provided are estimates only. We cannot guarantee that orders will be delivered within estimated delivery or lead times. Delays may occur due to circumstances beyond Our control, such as delays by third party suppliers or due to Brexit. No compensation shall be due from Us to you for orders that are delivered after their estimated delivery dates and/or times. If you have any problems with your delivery or order, please let Us know as soon as possible.

 

9 CHANGES TO ORDERS

9.1 For stock orders, you may change the order within 24 hours from receipt of the Order Confirmation. Changes requested after 24 hours are not possible.

 

10 QUOTATIONS

10.1 Quotations issued by Us will be valid for 30 days from the date of issuance.

 

11 INSPECTION OF ORDERS UPON DELIVERY AND CLAIMS

11.1 You are obliged to inspect the Order upon delivery and check that the number of packages and items delivered corresponds with the delivery note and that the packaging and products are free from visual defects.

11.2 If the delivery you receive does not correspond to your order or delivery note, or if the products you receive appear to have been damaged during transportation, you must record this on the delivery document, being as specific as possible, upon receipt, or alternatively, reject the delivery. We have the right to reject all claims in connection with visual damages and/or quantity errors if you have not made a record on the delivery document.

11.3 You must notify Us of any claims no later than 48 hours after the delivery of the order by sending an email to info@frdltd.co.uk, including:

  • Sales order number and/or invoice number

  • Item name and/or item code

  • Description of the claim

  • Photographic evidence supporting the claim

11.4 If We approve the claim, We shall at Our sole discretion determine its remedy whether to repair, replace the product or repay the purchase price

11.5 We reserve the right to reject any claims that do not meet the requirements as set out herein.

 

12 CANCELLATIONS AND REFUNDS

12.1 In respect of stock orders, you may cancel the order within 24 hours from receipt of the order confirmation. This does not affect your legal rights.

12.2 Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of any made to order items). You do not need to give Us any reason for cancelling your contract nor will you have to pay any penalty.

12.3 If you want to cancel your order, please notify Us via email: info@frdltd.co.uk.

12.5 If you have received the goods before you cancel your contract then you must send the goods back to Our contact address at your own cost and risk. If you cancel your contract but We have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to Us at Our contact address at your own cost and risk as soon as possible.

12.6 Once you have notified Us that you are cancelling your contract, and We have either received the goods back or, if earlier, received evidence that you have sent the goods back, We will refund any sum debited by Us from your credit or debit card within 28 calendar days.

12.7 We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you.

 

13 RETURNS AND REFUND

13.1 If you want to return your order, please notify Us via email: info@frdltd.co.uk, stating your order number, no later than 28 days from the date you receive your purchase.

13.2 Please note that some items can only be returned if unopened and in their original packaging.

13.3 You must send the goods back to Our contact address at your own cost and risk. We recommend using a tracked service. We will confirm with you the address to which your return should be sent.

13.4 Once We have received the goods back We will refund any sum debited by Us from your credit or debit card within 28 calendar days.

13.5 The refund We issue will be less the cost of shipping on your original order. This does not affect your statutory rights.

 

14 WARRANTY

14.1 Our warranties which are valid for up to 12 calendar months following product dispatch are not applicable to situations and/or defects resulting from, without limitation, any of the following circumstances:

a) Non-compliance with Our instructions for assembly, use, maintenance or care;

b) Exposure to direct sunlight or heat from i.e. radiators that may fade and dry out surfaces on wood, fabrics or leather;

c) Normal wear and tear, including without limitation deformation of foam, webbing, or damage to upholstery; or

14.2 The warranty will become void upon any alteration or repair of product on your own initiative, including via a third party,

14.3 the varying tone, colour, character, and patina of metalwork are not considered defects in material or workmanship.

 

15 OWNERSHIP AND RESPONSIBILITY

15.1 Delivered products remain the property of Us and We will retain full title over the delivered products until the full invoiced amount including delivery charges as well as interest payable in arrears is fully paid. You shall be obliged to clearly mark the delivered products as being the property of Ours until full payment has been made.

 

16 DISCLAIMER

16.1 Any samples, drawings, descriptive matter or advertising produced by the Us and any descriptions, photographs or illustrations contained on Our website or in catalogues or brochures are produced for the sole purpose of giving an approximate idea of the goods described in them. They shall not form part of any offer from Us or have any contractual force

 

17 EACH OF THESE TERMS OPERATES INDEPENDENTLY

17.1 Each of the provisions of these Terms and Conditions operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

 

18 TRANSFER OF OUR RIGHTS

18.1 We may transfer Our rights and obligations under Our contract with you to another organisation, and We will do Our best to notify you in writing if this happens, but this will not affect your rights or Our obligations under the contract. We will use reasonable endeavours to tell you in writing in this happens.

 

19 LAW AND JURISDICTION

19.1 These Terms and Conditions are governed by English law. This means that a contract for the purchase of Products made through Our site and any dispute or claim arising out of or in connection with it will be governed by English law.

 

20 FORCE MAJEURE

20.1 We shall not be in breach nor liable for any delay in performing, or failure to perform, any of its obligations pursuant the order if such delay or failure results from events, circumstances or causes beyond its reasonable control.

 

21 CHANGES TO LEGAL NOTES

21.1 We reserve the right to change these terms and conditions from time to time. The new Terms and Conditions shall be effective as of the date of publication.

 

22 COPYRIGHT

22.1 All rights, including copyright, for this website are owned by or licensed to FRD Designers and Makers Limited. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of FRD Designers and Makers Limited.

 

23 CONTACT US

23.1 If you have any queries about these Terms and Conditions, please contact: info@frdltd.co.uk