These are our consumer terms. For trade customer specific terms and conditions please contact us asking for more information or log into your trade account and navigate to the terms and conditions page in the footer.
BACKGROUND:
This agreement applies as between you, the User of this Web Site and www.rainbowdesigns.co.uk the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
No part of this Web Site 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.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account”
means collectively the personal information, Payment Information and credentials used by Users to access paid content and / or any communications System on the Web Site;
“Carrier”
means any third party responsible for transporting purchased Goods from our Premises to customers;
“Content”
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Goods”
means any products that Rainbow Designs Limited advertises and / or makes available for sale through this Web Site;
“Rainbow Designs Limited ”
means Rainbow Designs Limited, Unit 200 Fareham Reach, 166 Fareham Road, Gosport, Hants PO13 0FW
“Service”
means collectively any online facilities, tools, services or information that Rainbow Designs Limited makes available through the Web Site either now or in the future;
“Payment Information”
means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchase Information”
means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“Premises”
Means our place(s) of business located at Rainbow Designs Limited, Unit 200 Fareham Reach, 166 Fareham Road, Gosport , Hants PO13 0FW
“System”
means any online communications infrastructure that Rainbow Designs Limited makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”
means any third party that accesses the Web Site and is not employed by Rainbow Designs Limited and acting in the course of their employment; and
“Web Site”
means the website that you are currently using https://www.rainbowdesigns.co.uk (and any sub-domains of this site) unless expressly excluded by their own terms and conditions.
2. Age Restrictions
Persons under the age of 18 should use this Web Site only with the supervision of an adult. Payment Information must be provided by or with the permission of an adult.
3. Business Customers
These Terms and Conditions do not apply to customers buying Goods in the course of business. Please contact us for these terms.
4. International Customers
If Goods are being ordered from outside Rainbow Designs Limited country of residence, import duties and taxes may be incurred once your Goods reach their destination. Rainbow Designs Limited 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 Rainbow Designs Limited cannot guarantee that the packaging of your Goods will be free of signs of tampering.
5. Intellectual Property
Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, 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 Rainbow Designs Limited, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Rainbow Designs Limited.
6. 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.
You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
7. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Rainbow Designs Limited or that of our affiliates. We assume no responsibility for the content of such web sites 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 Web Site does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the Web Site without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Rainbow Designs Limited To find out more please contact us by email at sales@rainbowdesigns.co.uk.
- When using the enquiry form or any other System on the Web Site 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 language 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 of use or any applicable laws;
- You must not impersonate other people, particularly employees and representatives of Rainbow Designs Limited or our affiliates; and
- You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
- You acknowledge that Rainbow Designs Limited reserves the right to monitor any and all communications made to us or using our System.
9. Accounts
- In order to purchase Goods on this Web Site and 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 Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site 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. Rainbow Designs Limited 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 Rainbow Designs Limited 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 Rainbow Designs Limited accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
We do not store credit card details nor do we share them with third parties
- When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
10. Termination and Cancellation
- Either Rainbow Designs Limited or you may terminate your Account. If Rainbow Designs Limited 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 Rainbow Designs Limited terminates your Account, any current or pending purchases on your Account can be cancelled and will not be dispatched.
- Rainbow Designs Limited 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.
11. Goods, Pricing and Availability
- Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Rainbow Designs Limited correspond to the actual Goods, Rainbow Designs Limited 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 13.1 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.
- Rainbow Designs Limited does not represent or warrant that such Goods will be available. However, stock indications are provided on the Web Site
- All pricing information on the Web Site is correct at the time of going online. Rainbow Designs Limited 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 Rainbow Designs Limited processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
- All prices on the Web Site do include VAT. Rainbow Designs VAT number is GB864453896.
12. Delivery
- Rainbow Designs Limited 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.
- The despatch email from Rainbow Designs Ltd will include details of our courier that will be delivering your goods. In most circumstances, the courier will then notify you separately, via email or text, to confirm the delivery time for your Goods.
- If Rainbow Designs Limited receives no communication from you, within 28 days of delivery of your Goods, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
13. Returns Policy
Rainbow Designs Limited 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 create, and send us, your return within 28 days. We will pay for reasonable shipment costs. You will be given a refund through the payment method used by you when purchasing the Goods. Refunds will be issued within 28 days of receipt of the returned Goods.
- If any Goods you have purchased have faults when they are delivered to you, you should create, and send us your return within 28 days. Rainbow Designs Limited is responsible for paying shipment costs where any damage or fault is clearly caused by a manufacturing defect. 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 that are clearly caused by a manufacturing or production issues, and occur 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 immediately return this product via our website. Rainbow Designs Limited is 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.
- If the Goods have been dispatched or have reached you, but you have changed your mind, contact our website within 28 days of receipt to arrange shipment. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of Rainbow Designs Limited. If the items have been opened, or any parts are missing from the returned product, Rainbow Designs Limited reserve the right to make a proportionate deduction from any money owed to you. Please note that you are responsible for paying the shipment costs in full if Goods are returned for this reason. The charge made for shipping the returned item back to our address will be deducted by Rainbow Designs Limited from any payments due to you.
- If you wish to return Goods to Rainbow Designs Limited for any of the above reasons, then please contact us via our website.
- Rainbow Designs Limited 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 audio or video recordings or computer software 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.
- Under no circumstances should any goods be returned to the Rainbow Designs Limited Unit, 200 Fareham Reach, 166 Fareham Road, Gosport, Hampshire, PO13 0FW UK address. Always contact us for return address details.
14. Privacy
Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.
15. Disclaimers
- Rainbow Designs Limited makes no warranty or representation that the Web Site 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 Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
- 15.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
16. Changes to the Service and these Terms and Conditions
Rainbow Designs Limited reserves the right to change the Web Site, 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 Web Site following the changes. If Rainbow Designs Limited 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.
17. Availability of the Web Site
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.
Rainbow Designs Limited accepts no liability for any disruption or non-availability of the Web Site 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.
18. Limitation of Liability
- To the maximum extent permitted by law, Rainbow Designs Limited 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 Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
- Nothing in these Terms and Conditions excludes or restricts Rainbow Designs Limited’s liability for death or personal injury resulting from any negligence or fraud on the part of Rainbow Designs Limited.
- Nothing in these Terms and Conditions excludes or restricts Rainbow Designs Limited’s liability for any foreseeable direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
- Rainbow Designs Limited only supplies the Goods for domestic and private use. If the Goods are used for any commercial, business or re-sale purpose Rainbow Design’s Limited will have no liability whatsoever for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- 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.
19. 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.
20. 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.
21. Notices
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to sales@rainbowdesigns.co.uk 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.
22. Law and Jurisdiction
These terms and conditions and the relationship between you and Rainbow Designs Limited shall be governed by and construed in accordance with the Law of England and Wales and Rainbow Designs Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
23. Terms and Conditions for Rainbow Designs Giveaway and Competitions
- No purchase is required to enter
- Entries are open to UK residents only
- Entrants must be 18 years of age or over
- Only one entry per person unless otherwise stated
- The closing date and time is specified for each giveaway or competition. Entries after this date and time will not be valid
- All giveaways and competition are organised, promoted and fulfilled by Rainbow Designs Ltd
- Giveaways and competitions run from the www.rainbowdesigns.co.uk website will be promoted on our social media channels
- Giveaways and competition run on our social media channels but are not in any way endorsed, sponsored, administered or associated with Facebook, Twitter or Instagram
- Giveaways and competitions are not open to employees of Rainbow Designs
- The Judge’s decision is final and no correspondence will be entered into
- The winner will be chosen at random after the closing date and time and notified by email
- If the winner has not replied within 30 days an alternative winner will be drawn
- Rainbow Designs reserve the right to exchange the prize for a product of similar value if required
- We aim to deliver prizes within 28 days of the winner confirming their details, however there is no guarantee that prizes will arrive within this time
- Prizes that remain unclaimed after 3 months will be null and void
- For more information on how we process your data for giveaways/competitions please see www.rainbowdesigns.co.uk/privacy-policy