Terms & Conditions
Welcome to www.violetgrey.co.uk By using this Website you agree to be bound by these Terms and Conditions and any Orders placed by you are bound by these Terms and Conditions. Given this, please be sure to read and make sure you understand the Terms and Conditions prior to placing an Order with us.
This Website is provided solely for your personal use. You may not use the Website for any commercial purpose. We reserve the right, at our sole discretion, to change, modify, add, amend or remove any part of these Terms and Conditions from time to time and it is your responsibility to check these Terms and Conditions from time to time for changes. We may modify or withdraw, temporarily or permanently, the Website (or any part of it) and we shall not be liable to you or any third party for any modification to or withdrawal of the Website. If you do not agree to our right to change the Website or the Terms and Conditions from time to time, please do not use the Website.
Please note that these Terms and Conditions do not affect your statutory rights as a consumer.
All text, graphics, photographs, logos, trademarks, artwork, sounds, music, user interfaces, visual interfaces and computer code (the "Content") belong to Violet Grey. This Content includes, but is not limited to, the design, structure, selection, coordination, expression, "look and feel" and arrangement of it. The Content is protected by copyright, trademark and other intellectual property rights and you are not permitted to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute this Content in any way without Violet Greys' prior written permission.
You agree that any information you submit to the Website including Personal Information shall not be misleading and shall be true and accurate in all respects. If you submit to the Website any communication, idea or materials which may attract copyright or other intellectual property rights you agree that this shall become Violet Greys' property and you agree that anything you submit shall not infringe any right of any third party, nor contain anything libelous or otherwise unlawful, abusive or obscene nor constitute an invasion of privacy.
1. Product Descriptions
We will take all reasonable care to ensure that all Product Descriptions are correct at the time when the relevant information was first entered onto the Website. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our Products. What you see will depend on your computer equipment, screen or monitor and we are therefore unable to guarantee that a Product's images are an accurate representation of the actual merchandise. Unless stated our Products are not restored so all retain their original surface texture or a weathered and aged patina. Being up to 200 years old it is usual for our Products to be well weathered with chips, losses and other imperfections adding to their character. All product measurements are estimates and should be treated as being for guidance only.
2. Product Availability
The Website features Products that have been carefully selected for sale on the Website. Products are subject to availability so once a Product has sold out it will be taken off the Website at the earliest opportunity and may not be available again. As there is a delay between the time when your Order is placed, and the time when the Order is accepted, the stock position relating to a particular Product may change. If a Product you have ordered becomes out of stock before we accept your Order, then Violet Grey shall not be liable to you for being unable to provide that Product. If such a situation arises, then we shall notify you as soon as possible and you will not be charged for the out of stock Product.
3. Pricing Policy
Product prices shown on the Website are in British Pounds, EURO and US Dollars and are inclusive of UK value added tax ("VAT") (where applicable), at the appropriate rate, and are correct at the time that the Product Description was first entered onto the Website. Although we try to ensure all our Products' prices displayed in the Product Description are accurate, errors may sometimes occur. If we discover an error in the price of a Product you have ordered, we will be unable to accept your Order and shall contact you as soon as possible in order to give the option of either reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat your Order in respect of the incorrectly priced Product as cancelled.
4. Order process
4.2 The contract between you and Violet Grey will be concluded in English and subject to the laws of England and the jurisdiction of the English courts. The contract will complete and title in the Product(s) of your Order (and so risk of loss or damage to such) will pass to you on the later of:
a) the date on which we receive payment in full for the Product(s); or
b) the date and time of collection or delivery by us to your nominated address.
4.3 Non-acceptance of your Order may be due to any one or more of the following non-exhaustive reasons:
a) A Product you ordered is out of stock;
b) We are unable to obtain authorisation for your payment;
c) We have identified an error with a Product Description;
d) There is a system or procurement failure;
e) You fail our customer validation checks; or
f) There are restrictions (legal or otherwise) or practices in relation to a Product which prevent us from being able to sell or deliver it to you.
5.1 You can currently pay in British Pounds, Euros and US Dollars only,
5.2 We accept payment for Orders by Maestro, MasterCard, Visa, Visa Debit, American Express, Solo, Electron and PayPal.
5.3 If you choose to pay for your Order using a payment card with a currency denominated account that is different from the currency you are paying in; your payment card will be charged in the payment currency at the foreign exchange rate applied by your relevant payment card provider or bank at the time of processing your Order. Your international payment card provider or bank will determine the foreign exchange rate and may add an additional processing or administration charge which you will be liable to pay.
5.4 By placing your Order and making an offer to buy a Product, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity; to validate your credit card; to obtain an initial credit card authorisation; to protect you and us from fraud; and to enable us to arrange delivery of your Order to your nominated delivery address.
6. VAT and Non-EU Customs
6.1 All Product prices shown on the Website are inclusive of any applicable UK VAT.
6.2 Where you have requested delivery of your Order to an EU country, the total cost of your Order will include UK VAT if applicable.
6.3 Where you have requested delivery of your Order to a non-EU country, the total cost of your Order will not include UK VAT.
6.4 You will be the importer for the international delivery of your Order (i.e. any Order delivered to a country other than the UK). Therefore, before placing an Order, it is your responsibility to check that the Products you are planning to import comply with state and federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your Order. If any customs requirements apply, duties, taxes or levies or charges are due, you agree to be responsible for these.
7.1 You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your Order is going to, but also the name of its recipient. We cannot be liable for the delivery of your Order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.
7.2 All parcels will be delivered by us and will require a signature on delivery.
7.3 Delivery costs are not included in the price of any product in the UK or Internationally
UK and International Delivery including EU countires
7.4 You may request international delivery of your Order. For the purposes of these Terms and Conditions, we consider "international delivery" to relate to the delivery of your Order to any country outside of mainland UK.
7.5 We will notify you of the delivery charge(s) applicable to your Order prior to accepting your order.
Delivery Lead Times
7.6 Delivery lead times of your Order to an international address will vary according to its destination. We will advise you of the delivery lead time prior to accepting to order. Within the UK we will aim to deliver within 7 working days
7.7 We will make every effort to deliver your Order within the estimated timescales. However, delays are occasionally inevitable due to unforeseen factors or events outside our control, for example, material shortages, travel or transportation disruption, import delays or higher than anticipated demand. Violet Grey shall not be liable for any delay or failure by us to deliver your Order within the estimated timescales as a result of such delays.
7.8 There may be instances where due to restrictions (legal or otherwise) or practices in relation to a Product, we are prevented from being able to deliver it to you. Violet Grey shall not be held liable in relation to any Product that we are unable to sell or deliver to you as a result of such restrictions. Please refer to the Product Description of your selected Product(s) to see if any restrictions apply. In the event that a restriction is enforced after you have placed your Order with us, we will do our utmost to notify you as soon as reasonably practicable.
8. Contract cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
8.1 If you are an EU customer, you have the right to cancel your contract at any time up to fourteen (14) days after the day on which you receive your Order. If you place an Order for several Products and they are delivered separately then your fourteen (14) days will start the day after you receive the last Product on your Order.
Cancellation before dispatch or notification of collection
8.2 If, for any reason, you wish to cancel your contract before your Order has been dispatched or you have been notified that it is available for collection, then you need to let us know as soon as possible. In order to do so, you can either let us know by emailing firstname.lastname@example.org or telephoning us on +44 1404 814124. Once we have received notification from you of your wish to cancel your contract, subject to any monies having been taken from you, we will refund you the original purchase price and delivery charge for your Order within fourteen (14) days.
Cancellation after dispatch or notification of collection
8.3 As it is our policy to try to process your Order immediately it may not always be possible to stop an Order from being dispatched or made available for collection. If you decide to cancel your contract and your Order has already been dispatched or you have been notified that it is ready for collection, then you need to let us know within fourteen (14) days after the day on which you receive or collect your Order. Once we have received notification from you of your wish to cancel your contract, you then have a further fourteen (14) days to return your Order to us.
9. Returned Products
Products must be returned in the condition they were originally dispatched (we will retain photographic evidence of their condition). We reserve the right to consider the condition of any Product that you wish to return and make any deductions if there are indications that the Product has been damaged after you have accepted delivery.
10. Refunds policy
Refunds on UK and EU Orders
Within fourteen (14) days of us receiving your Order back by post, or receiving proof from you that your Order was returned to us, we will refund you the original purchase price and delivery charge for your Order, provided that you return the Product(s) to us in a saleable condition.
11. Compliance with Laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
12. Liability and Indemnity
12.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
12.2 We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Website.
12.3 If the fulfilment of an Order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, or you fail any of our fraud detection or anti money laundering detection checks, Violet Grey has the right to stop or cease to fulfil the Order (or part thereof) at any time and shall incur no liability in such circumstances.
12.4 You have certain rights as a customer, including legal rights relating to faulty or misdescribed goods. For further information about your legal rights in the United Kingdom, contact your local authority Trading Standards Department or Citizen's Advice Bureau. Nothing in these Terms and Conditions will affect these legal rights and, in particular, we will perform our obligations under these Terms and Conditions with reasonable care and skill.
12.5 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any direct, special, incidental, indirect or consequential damages including loss of profit, loss of opportunity or any losses related to any business including (without limitation) lost data, earnings or business interruption that result from the use of, or the inability to use, the material or Content on the Website, a Product, or the conduct of other Users of the Website, even if Selfridges has been advised of the possibility of such damages.
12.6 The Website may also contain links to other websites, which are not operated by Violet Grey. When you activate any of these you will leave the Website and we have no control over, and will not accept any responsibility or liability in respect of, the material on any website which is not under our control.
12.7 You agree to fully indemnify, defend and hold us and our agents, officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website
12.8 Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
14.1 We may change these Terms and Conditions at any time. If any clause of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remainder of these Terms and Conditions which shall continue to have full force and effect.
14.2 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
14.3 If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any clause of these Terms and Conditions.
14.4 Violet Grey reserves the right to amend, remove or vary the Website, any page of the Website, any Content on the Website, or any service offered on the Website at any time and without notice.
15. Entire Agreement
These Terms and Conditions govern our relationship with you and supersede any and all preceding and contemporaneous agreements between you and Violet Grey. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by a proprietor of Violet Grey. You confirm that, in agreeing to accept the Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a clause of these Terms and Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory tights are not affected by these Terms and Conditions.
The following definitions shall apply to these Terms & Conditions:
"EU" means the following European Union nation states: Austria, Belgium, Bulgaria, Croatia, Cyprus (excluding the UN buffer zone and the part of Cyprus to the north of the buffer zone where Republic of Cyprus does not exercise effective control but including the UK Sovereign bases of Akrotiri and Dhekelia), Czech Republic, Denmark (excluding the Faroe Islands and Greenland), Estonia, Finland (excluding the Åland Islands), France (excluding Martinique, French Guiana, Guadeloupe, Reunion, St Pierre and Miquelon), Germany (excluding the island of Heligoland, and Büsingen), Greece (excluding Mount Athos (also known as Agion Oros), Hungary, Ireland, Italy (excluding Campione d'Italia, the Italian Waters of Lake Lugano and Lvigno), Latvia, Lithuania, Luxembourg, Malta, Netherlands (excluding the Antilles), Poland, Portugal (including the Azores and Madeira), Romania, Slovakia, Slovenia, Spain (excluding the Canary Islands, Ceuta, and Melilla but including the Balearic Islands), Sweden and the UK (excluding the Channel Islands, Gibraltar but including the Isle of Man).
"Non EU" means any other country not listed in the definition of EU above.
"Order" means a transaction made by you having viewed our Product on the Website or in person for one or more Products, to which these Terms and Conditions apply.
"Personal Information" means the details you provide to us when you use the Website or when contact us in person, such as your name, e-mail address, billing address, delivery address, telephone number, Product selections, credit card or other payment information and a password.
"Product" means a product displayed for sale on the Website.
"Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided which shall include, but not be limited to, all details, prices (cost of the Product and delivery charges), photographic representations and descriptions of a Product. It shall also include, where appropriate, specific delivery dates and times.
"Terms and Conditions" means these terms and conditions.
"We”, “us" or Violet Grey means, Violet Grey Decorative Gardens, as the context may require. Please note, that when arranging delivery of your Order, Violet Grey may instruct a third party courier or postal carrier to deliver it to you. However, we will ultimately be responsible for managing the delivery of your Order, so for the purposes of these Terms and Conditions, all references to "we", "us", or "Violet Grey", will be taken to include such third parties.
"Website" means the website located at www.violetgrey.co.uk or any subsequent URL which may replace it.
"UK" means, for the purposes of these Terms and Conditions, England, Wales, Scotland and Northern Ireland.
"You" means a user of this Website and/or a purchaser of our Products.
17. Privacy and use of your personal data
17.Limitation of Liability
You are responsible to us for any damages, losses, costs or expenses suffered by us arising out of any breach by you of these terms and conditions.
If we or any member of Violet Grey are subject to a request for information about you and your use of www.violetgrey.co.uk in accordance with any applicable laws or regulations by a governmental, regulatory, self-regulatory, or supervisory authority having jurisdiction over us, we may disclose that information.
Nothing in these terms and conditions limits or affects our responsibility to you for death or personal injury caused by our negligence or fraud.
18. Governing law
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.