Conditions of use

BACKGROUND:

This agreement applies as between you, the User of this Website and ASK WHICH LIMITED t/a WHICH RUG, the owner(s) of this Website.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

Definitions and Interpretation 

In this Agreement the following terms shall have the following meanings:  

 

Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult.  Payment Information must be provided by or with the permission of an Adult.

Business Customers

These Terms and Conditions apply to customers buying Goods in the course of business.

International Customers 

If Goods are being ordered from outside WHICH RUG’s country of residence, import duties and taxes may be incurred once your Goods reach their destination.  WHICH RUG is not responsible for these charges and we undertake to make no calculations or estimates in this regard.  If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures.  As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported.  Please be aware that Goods may be inspected on arrival at port for customs purposes and WHICH RUG cannot guarantee that the packaging of your Goods will be free of signs of tampering.

Intellectual Property

Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of WHICH RUG, our affiliates or other relevant third parties.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by WHICH RUG.

Third Party Intellectual Property

Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

Links to Other Websites

This Website may contain links to other sites.  Unless expressly stated, these sites are not under the control of WHICH RUG or that of our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.whichrug.com without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of WHICH RUG.  To find out more please contact us by email at support@whichrug.com.

Use of Communications Facilities

When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:

You must not use obscene or vulgar language;

You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

You must not submit Content that is intended to promote or incite violence;

It is advised that submissions are made using the English as we may be unable to respond to enquiries submitted in any other languages;

The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

You must not impersonate other people, particularly employees and representatives of WHICH RUG or our affiliates; and

You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

You acknowledge that WHICH RUG reserves the right to monitor any and all communications made to us or using our System.

You acknowledge that WHICH RUG may retain copies of any and all communications made to us or using our System.

You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information.  Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

Accounts

In order to purchase Goods on this Website and to use the enquiry form facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase.  By continuing to use this Website you represent and warrant that:

all information you submit is accurate and truthful;

you have permission to submit Payment Information where permission may be required; and

you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

It is recommended that you do not share your Account details, particularly your username and password.  WHICH RUG accepts no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

If you have reason to believe that your Account details have been obtained by another without consent, you should contact WHICH RUG immediately to suspend your Account and cancel any unauthorised purchases that may be pending.  Please be aware that purchases can only be cancelled until they are dispatched.  In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, WHICH RUG accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.

When choosing your username you are required to adhere to the terms set out above in Clause 10.  Any failure to do so could result in the suspension and/or deletion of your Account.

Termination and Cancellation

Either WHICH RUG or you may terminate your Account.  If WHICH RUG terminates your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

If WHICH RUG terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.

WHICH RUG reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.

If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.

If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.

Goods, Pricing and Availability

Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from WHICH RUG correspond to the actual Goods, WHICH RUG is not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.  Please refer to Clause 15.1 for incorrect Goods.

Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.

WHICH RUG does not represent or warrant that such Goods will be available.  Stock indications are provided on the Website however these may not take into account sales that have taken place during your visit to the web site.

All pricing information on the Website is correct at the time of going online.  WHICH RUG reserves the right to change prices and alter or remove any special offers from time to time and as necessary.  All pricing information is reviewed and updated every week.

In the event that prices are changed during the period between an order being placed for Goods and WHICH RUG processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

Delivery

WHICH RUG will notify you by way of email when your goods are to be dispatched to you.  The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.

If WHICH RUG receives no communication from you, within 7 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.

Returns Policy

WHICH RUG aims to always provide high quality Goods that are fault free and undamaged.  On occasion however, goods may need to be returned.  Returns are governed by these Terms and Conditions. 

If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 7 days to arrange return.  WHICH RUG is not responsible for paying shipment costs.  You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods.  Refunds and replacements will be issued upon our receipt of the returned Goods.

If any Goods you have purchased have faults when they are delivered to you, you should contact WHICH RUG within 7 days to arrange return.  WHICH RUG is not responsible for paying shipment costs.  Goods must be returned in their original condition with all packaging and documentation.  Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.

If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged.  In any event, you should report such damage to WHICH RUG within 7 days and arrange collection and return.  WHICH RUG IS NOT responsible for paying shipment costs.  Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods. This refund amount excludes any delivery charges.

You have a statutory right to a “cooling off” period.  This period begins once your order is complete and ends 7 working days after the Goods have been delivered.  If you change your mind about the goods within this period, please return them to WHICH RUG within 7 working days of receipt.  You are responsible for paying shipment costs if Goods are returned for this reason.

If you wish to return Goods to WHICH RUG for any of the above reasons, please contact us using the details on Shipping & Returns to make the appropriate arrangements.

WHICH RUG reserves the right to exercise discretion with respect to any returns under these Terms and Conditions.  Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

Any use or enjoyment that you may have already had out of the Goods;

Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;

The fact that the Goods consist of Rug Accessories and that the packaging has been opened;

Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase. 

Such discretion to be exercised only within the confines of the law.

Gift Certificates

The following terms and conditions (the "Terms") apply to any Which Rug electronic gift certificate originally purchased by you or someone on your behalf (the "gift card") through the whichrug.com web site. Gift certificates are issued by Ask Which Limited (referred to hereinafter as either “Which Rug", "we", "us" or "our"). By purchasing a gift certificate, accepting and retaining a gift certificate, or using a gift certificate, you agree to these Terms.

Gift certificates are only valid in the United Kingdom. Void where prohibited.

Gift certificates cannot be used to purchase gift certificates or gift cards.

Gift certificates are not redeemable for cash and cannot be returned for a cash refund, except to the extent required by law.

Use of the gift certificate is limited to the amount of funds held on the gift certificate. The full amount of each purchase, including taxes, will be deducted from the funds held on the gift certificate, up to the total funds available on the gift certificate. Any unused balance will be placed in the recipient's gift certificate account and is not transferable. If you make a purchase and there are insufficient funds held on the gift certificate to cover that purchase, you must pay the difference by a valid credit card or debit card. To the extent permitted by law, the original expiration date will apply to any unused balance.

The risk of loss and title for gift certificates pass to the purchaser upon our electronic transmission to the purchaser. We are not responsible for and will not replace lost or stolen gift certificates. Protect your gift certificate as if it were cash and safeguard the gift certificate from authorised use.

Which Rug may provide gift certificate purchasers with information about the redemption status of gift certificates.

Which Rug reserves the right to change these Terms from time to time in its discretion. Such revised terms will be effective as to any gift certificates purchased after the date said revised Terms are posted to the Which Rug web sites.

Resale of a gift certificate or use for unauthorised advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited. Your right to use the funds on the gift certificate is a limited right, subject to these Terms and applicable law. We are not responsible for pricing, typographical, or other errors, in any offer and reserve the right to cancel any orders resulting from such errors.

If we suspect any fraud or misuse in connection with a gift certificate, we reserve the right in our discretion to suspend or terminate use of the gift certificate.

The consideration paid for the gift certificate, including any unredeemed balances, is the property of the Which Rug.

We do not currently collect or maintain any personally identifiable information regarding the purchasers of the Cards. However, we reserve the right to obtain personal information about you in accordance with the privacy policy found here if such information is necessary to service the Card or respond to your inquiries or for other purposes.

If any one or more of the covenants, agreements, provisions or terms of these Terms shall be for any reason whatsoever held invalid, then such covenants, agreements, provisions or terms shall be deemed severable from the remaining covenants, agreements, provisions or terms of these Terms shall in no way affect the validity or enforceability of the other provisions of these Terms.

These Terms sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by these Terms. All terms and conditions set forth herein are applicable to the extent permitted by law.

Privacy

Use of the Website is also governed by our Privacy Notice which is incorporated into these terms and conditions by this reference.  To view the Privacy Policy, please click on the link above.

The Website places the cookies onto your computer or device.  These cookies are used for the purposes described herein.  Full details of the cookies used by the Website and your legal rights with respect to them are included in our < Privacy Notice.  By accepting these terms and conditions, you are giving consent to WHICH RUG to place cookies on your computer or device.  Please read the information contained in the Privacy Policy prior to acceptance.

If you wish to opt-out of our placing cookies onto your computer or device, please adjust your internet browser's settings to restrict cookies as detailed in your internet browser's help menu.  You may also wish to delete cookies which have already been placed.  For instructions on how to do this, please consult your internet browser’s help menu.

Disclaimers

WHICH RUG makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

No part of this Website is intended to constitute a contractual offer capable of acceptance.

Whilst WHICH RUG uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

Changes to the Service and these Terms and Conditions

WHICH RUG reserves the right to change the Website, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.  If WHICH RUG is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

Availability of the Website

The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

WHICH RUG accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Limitation of Liability

To the maximum extent permitted by law, WHICH RUG accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

Nothing in these Terms and Conditions excludes or restricts WHICH RUG’s liability for death or personal injury resulting from any negligence or fraud on the part of WHICH RUG.

Nothing in these Terms and Conditions  excludes or restricts WHICH RUG’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.

Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and WHICH RUG.

Communications

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to support@whichrug.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

WHICH RUG may from time to time send you information about our products and/or services.  If you do not wish to receive such information, please contact us.

Law and Jurisdiction

These Terms and Conditions and the relationship between you and WHICH RUG shall be governed by and construed in accordance with the Law of England and Wales and WHICH RUG and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.