Terms of Service

TERMS OF SERVICE 

Definitions:

a) "Erskine Rose" means Erskine Rose, sole trader, also referred to as "we" or "us" in these terms and conditions.
b) "Force Majeure" means any clause affecting the performance by Erskine Rose of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
c) "Working days" means Monday to Friday, excluding Bank or other Public holidays

 

Orders:

a) All contracts of sale made by Erskine Rose shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ("the Customer") with whom Erskine Rose is dealing. Cancellation of orders by business-to-business customers is not accepted as many orders are despatched on the same day the order is placed. Cancellation of orders by consumers can only be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000.
b) All orders are subject to acceptance and to availability of the goods ordered. Erskine Rose is entitled to refuse any order placed by you.
c) You undertake that:

1. All details you provide to us for the purpose of purchasing goods or services offered on our website are correct

2. The credit or debit card you use to make a purchase from us is your own or your company’s card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.

 

Prices:

a) All prices are inclusive of VAT at the current rates and are correct at the time of entering information.
b) Erskine Rose reserves the right to change prices without prior notice.

 

Delivery, Title, Risk:

a)     Any time or date stated for delivery is an estimate only. Erskine Rose makes every effort to despatch goods on time, but does not accept liability for failure to deliver within the stated time

b)     The price for delivery is shown separately to the cost of goods at the checkout stage before you place your order.

c)    If Erskine Rose is unable to deliver the goods within 30 days of the date of order, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to Erskine Rose in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to Erskine Rose after the above date, but before delivery of the goods or notification from Erskine Rose that the goods are ready for delivery.

d)   Erskine Rose does not accept liability for shortages or damage to deliveries unless the Customer notifies Erskine Rose of the shortage or damage in writing within 7 days of receipt of the delivery.

e)   The customer has to accept the goods when they are ready for delivery.

f)    Delivery is deemed to take place when the goods are delivered to the Customer’s nominated address, whereupon the risk of loss, breakage and all damage and all other risks shall pass to the Customer.

g)   Title in the goods does not pass to the Customer until payment is received in full by Erskine Rose.

h)   If the customer cannot accept delivery, Erskine Rose may at its option.

(1) Store and insure the goods at the Customer’s expense and risk or

(2) Sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or

(3) Re-arrange delivery provided that Erskine Rose may charge the Customer for the additional delivery costs incurred.

 

Payment:

a) Payment can be made by any major credit or debit card. Payment will be debited and cleared from your account before the despatch of your good(s) or provision of service to you.
b) You confirm that the credit/debit card that is being used is yours.
c) All credit/debit card holders are subject to validation checks and authorisation by the card issuer and we may share your personal information with such parties as are necessary to enable us to do such checks. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

 

Product specifications:

a) Erskine Rose makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to variations in actual dimensions, specifications and, in the case of bulk items, quantities without prior notice.
b) If Erskine Rose cannot supply the goods ordered by the Customer, Erskine Rose reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to Erskine Rose in respect of that order. This shall be the sole remedy of the Customer in these circumstances.

 

Erskine Rose Liability:

a) Erskine Rose shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, (including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships, loss of data and other financial loss. (“Financial loss” in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). Erskine Rose’s liability in respect of all other losses shall be limited to the invoiced amount of the relevant order, provided it has been paid. b) Nothing in this agreement shall limit Erskine Rose’s liability for death or personal injury caused by its negligence.

 

Health and safety:

a) In accordance with the Health and Safety at Work, etc Act 1974 and the Consumer Protection Act 1987, Erskine Rose confirms that the goods it supplies as a distributor do not present a hazard to health and safety

1. When properly used for the purpose for which they are designed; and

2. If the Customer takes reasonable and normal precautions in their use.

 

Force Majeure:

a) Where, in spite of its reasonable efforts, Erskine Rose is unable to perform an obligation due to force majeure, it shall not be deemed to be in breach of its contract with the Customer.

 

The Consumer Protection (Distance Selling) Regulations 2000:

a) Contracts for the purchase of goods by a customer not acting in the course of a business and made of the telephone or through the Erskine Rose website, are, with the exception of certain excepted contracts, subject to the consumer protection (distance selling) regulations 2000 ("The Regulations")

b) If the Regulations apply, Customers may cancel goods purchased from Erskine Rose by sending a written notice of cancellation by e-mail to grace@erskinerose.com.
c) The notice of cancellation must be sent within 14 working days of the date of delivery after the goods are received.
d) The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations.
e) The Customer is under a duty to retain possession of the goods whilst awaiting return to Erskine Rose and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.

 

Errors and Omissions:

a) Erskine Rose makes every effort to ensure that all prices and descriptions quoted on its website are correct and accurate. However, mistakes will occasionally occur. In the case of a manifest error or omission, Erskine Rose will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer’s order and/or received payment from the Customer. Erskine Rose’s liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by Erskine Rose after the manifest error has been discovered.
b) A 'manifest error', as the term is used in sub-paragraph a) above, means, in relation to an incorrect price, a price quoted in error by Erskine Rose which is more than 10% less than the price that would have been quoted had the mistake not been made.

 

Rights Management terms of service:

We’re always flattered when one of our customers shares an Erskine Rose product on their social media channels so we like to reach out to our customers to request additional rights to use our favourite images on our website, emails and on our social channels. We will credit you by including your social handle or byline. By tagging your photos with #erskinerose you are agreeing to the following: User Content You give Erskine Rose permission to use your User Content as follows: you grant to Erskine Rose and its affiliates a license to reproduce, display, perform, distribute, and otherwise use your User Content in connection with the Site and for other Erskine Rose marketing purposes, including without limitation email and other customer communications, store materials and other marketing. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time. Copyright and Intellectual Property Policy If you believe that a user of the Site has infringed on your intellectual property rights, or if we have taken down your materials due to suspicion of copyright infringement, and you would like to dispute the alleged infringement, please contact us.

 

General:

a) Nothing in these terms and conditions affects your statutory rights as a consumer
b) If any provision in this agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
c) Any waiver of a breach of this Agreement must be in writing
d) Any variation of this Agreement must be in writing and signed by Grace Erskine Crum.
e) The headings are for convenience only and shall not affect the interpretation of this Agreement.
f) Any notices given under this Agreement shall be in writing and sent:

1. By first class pre-paid post to the last known address of the party; or

2. By e-mail to the last notified e-mail address of the party.
g) The notice shall be deemed served:

1. Two working days after posting; or

2. After system confirmation of e-mail delivery
h) These terms and conditions shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts
i) Erskine Rose reserves the right to change or amend these terms and conditions at any time and without prior notice.