Sales & Shipping Policy
Sales and Shipping Policy (“Policy”)
This Policy applies to the Contract (defined as below) and / or all dealings with Rose Wallis Atelier (“We” / “Us”) to the exclusion of any other terms that the Customer (defined as below) and any other third party may seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
A Customer is a party who places an order on our website, www.rosewallisatelier.com (“Website”), or directly with Us (“Order”). A contract is formed between the Customer and Us for the sale and purchase of the product(s) set out in the Order in accordance with this Policy when the Customer fully pays the price of the product(s) (“Contract”).
All delivery times shown on the Website are based on estimates provided through third party delivery / logistics companies and may be subject to manufacturer and / or shipping and/ or customs related delays. We will do our best to ensure Customer’s product(s) is / are delivered to Customer on time. Although We are not able to offer exact dates of delivery any request for a specific date will be taken into account. However, We will not be able to guarantee a set delivery date. We will not be liable for any delay or failure in delivery of product(s) that is caused by including but not limited to customs and / or Customer’s failure to provide us with accurate / adequate delivery information / instructions and / or Customer not having the necessary license(s) to import the product(s) to Customer’s country and / or a Force Majeure Event. Force Majeure Event is an event, circumstance or cause beyond our reasonable control including but not limited to (a) act of God, flood, drought, earthquake, or other natural disaster; (b) epidemic or pandemic; (c) terrorist attack, civil war, civil commutation or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) any law or action taken by a government or public authority, including imposing an export or import restriction, quota or prohibition; (f) collapse of buildings, fire explosion or accident.
In the circumstances where there is a Force Majeure Event and the period of delay continues for more 2 months, the Customer may terminate the Contract by giving not less than 7 days’ written notice by contacting Us on contact@rosewallisatelier.com(“Notice of Termination”). Upon receipt of the Notice of Termination, we will refund the Customer for the full price of the product(s) ordered as soon as possible. We are not liable for any banking related delays.
We will not be liable for any loss of profits and / or loss of sales or business and / or loss of agreements or contracts and / or any indirect or consequential loss that may be suffered by the Customer. Under no circumstances (including liability in contract, tort, negligence), our liability to the Customer will exceed the price of the product(s) ordered. This provision will survive termination of the Contract.
We are a UK-based company, however, our products often come from international factories. Therefore, Customer’s order may be shipped from one of our international manufacturing locations. This means that Customer’s order may be shipped through different modes of transport (i.e. land / air / sea / combination thereof).
Please feel free to contact Us on contact@rosewallisatelier.com and We shall be happy to help with any enquiries you may have regarding delivery times / tracking information / the Order.
We are not liable for any customs duties / taxes / import duties and / or any other charges / penalties that may be imposed by the customs / port authority at the Customer’s country of delivery. It is the Customer’s responsibility to make sure that the Customer has all the required licence(s) to import product(s) to the Customer’s country of delivery. Customs duties / taxes / import duties and / or any other charges / penalties that may be imposed by the customs / port authority at the Customer’s country of delivery are to be fully paid by the Customer. Kindly note that We do not have any control over the (potential) action(s) that may be taken by customs / port authority at Customer’s country of delivery.
Our marble furniture products are packed and delivered in wooden crates. For smaller products the packaging may differ, however, they will still arrive with protective packaging to ensure safe transport.
Customer’s order will be delivered to the outside of the location (i.e. outside the Customer’s building) set out in the Order. Please note that We do not provide installation services. Our delivery includes and is limited to the bringing the product(s) outside your building and it does not include assembly or unpacking. The delivery will be completed on the completion of unloading the products(s) outside Customer’s building. If the Customer has exceptionally heavy or difficult-to-access product(s) that require special arrangements, it is the Customer’s responsibility to organise and cover any associated costs. Before placing the Order, please make sure that the product(s) you want to purchase would fit into your premises. We will not be liable for any issues and / or associated costs arising from special arrangements / fitting.
We will show reasonable efforts to deliver the product(s) to the address provided in the Order. However, there may be places where delivery of the product(s) could not possibly be performed by the delivery / logistics company. In that case, regrettably, we will not be able to deliver the products(s) to the Customer’s address and the Customer’s Order will be cancelled. Upon cancellation of the Order the price of the product(s) will be fully refunded (including shipping costs, if applicable). The refund will be credited to the original payment method. If the Customer paid by credit card, a refund may take up to 10 business days for the Customer’s bank to complete. Processing times can vary between card issuers and, unfortunately, we are unable to influence this.
As made-to-order products are especially commissioned for the Customer, we will not accept returns due to a change of mind. We encourage the Customer to contact Us on contact@rosewallisatelier.com if the Customer (a) is in two minds and / or (b) has any enquiries regarding the material / product size / finish of the product(s) before placing the Order.
The Order can be cancelled or changed up to 24 hours after placing the Order by contacting Us on contact@rosewallisatelier.com. Beyond 24 hours, the Customer will not be able to cancel or change the Order.
If a product arrives in damaged condition, please inform Us (on contact@rosewallisatelier.com) immediately and by no later than 2 days from the delivery of the product(s) by providing Us with the photos showing the damaged parts of the product(s). Subject compliance with thereto, the Customer can either ask for (a) a replacement product or (b) a refund. If the Customer choses to ask for a replacement product different than the original (i.e. damaged) product ordered and there is a price difference between the originally ordered and replacement product depending on the circumstance We will either refund the Customer or ask the Customer to pay the difference in price (if any). If the latter, we will process the replacement Order once We have been fully paid the difference. We will be responsible for the logistical arrangement as appropriate / necessary. Please note, whilst replacements for damaged product will be prioritised by Us, due to the hand-crafted nature of our products, this can take some time. This Policy will apply to any replacement Order.
The risk in the product(s) will pass to the Customer on completion of delivery.
The title to the product(s) will pass to the Customer when we receive payment in full for the product(s).
The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
If any provision or part-provision of this Policy / the Contract is or becomes invalid, illegal or unenforceable it shall be deemed deleted, but shall not affect the validity and enforceability of the rest of this Policy / the Contract.
This Policy and / or any dispute and / or claim arising out of or in connection with the Order / delivery shall be governed by and construed in accordance with the law of England & Wales. The Customer irrevocably agrees that the courts of England & Wales shall have exclusive jurisdiction to settle any dispute and / or claim arising out of or in connection with the Order / Delivery.