TERMS & CONDITIONS OF USE AND SALE OF GOODS

This website is operated by Berry & Grouse. Throughout the site, the terms “the company”, “we”, “us” and “our” refer to Berry & Grouse. We offer this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

We provide website features and other products and services to you when you visit or shop at https://www.berryandgrouse.com ("website"), use of our products or services, applications for mobile, or software provided by us in connection with any of the foregoing (collectively "Services"). We provide our Services and sell our products to you subject to the conditions set out on this page.

By visiting our site and/or purchasing something from us, you agree to be bound by the following terms and conditions of use and sale (“Terms”), including those additional terms and conditions and policies referenced herein. These Terms apply to all users of the site.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Berry & Grouse website.

These conditions apply to the sale of goods by Berry & Grouse and the Laws of England shall apply to this Agreement.

PRIVACY

Please review our Privacy and Cookie Policy, which also govern your use of our Services.

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ELECTRONIC COMMUNICATION

When you use our Service or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other Services. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

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COPYRIGHT

All content included in or made available through any of our Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, media and other information on our website is copyright of us unless otherwise stated by us. You are allowed to make copies of small extracts of the site for your personal use and study. It is strictly forbidden to copy any material on our site for any form of commercial use unless it is necessary for the purpose of viewing the site in the course of business. You agree not to adapt, alter or create a derivative work from any of our material or content unless it is for your personal, non-commercial use. For any other uses of the materials found on our site you will require the prior permission of Berry & Grouse.

LICENCE AND ACCESS

Subject to your compliance with these Terms, we or our content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable licence to access and make personal and non-commercial use of our Services. This licence does not include any resale or commercial use of any of our Service or our contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any of our Service or our contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Terms are reserved and retained by us or our licensors, suppliers, publishers, rights holders, or other content providers. No Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of ours without our express written consent. You may not use any meta-tags or any other "hidden text" utilising our names or trademarks without our express written consent.

You may not misuse our Services. You may use our Services only as permitted by law. The licences granted by us terminates if you do not comply with these Terms.

 

YOUR ACCOUNT

If you use any of our Services you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and devices, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access and update much of the information you have provided us with, including your account settings, in the account area of the website.

You must not use any our Services: (i) in any way that causes, or is likely to cause, any of our Services, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.

We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Terms or any other applicable terms and conditions, guidelines or policies.

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REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Visitors may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right to remove or edit such content. If you believe that any content on or advertised for sale on any of our Services contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any of our Services, please notify us by and we will respond.

If you post content or submit material, and unless we indicate otherwise, you grant: (a) us a non-exclusive, royalty-free and fully sub licensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) us the right to use the name that you submit in connection with such content, if they choose. No moral rights are assigned under this provision.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us including the execution of deeds and documents, at our request.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify us for all claims brought by a third party against us arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content arising out of or on the grounds of, or originating from the content that you have communicated to us.

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LINKS AND CREDIT

Our logo must not be used to link to or represent us on any other website unless you receive prior permission from us to do so.

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PRODUCTS

Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, we will send you a message confirming receipt of your order and containing the details of your order (the "Order Confirmation"). The Order Confirmation is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) or the services ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail or post a message on the Account area of the website confirming to you that we've dispatched the product to you (the "Dispatch Confirmation"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation for each package, and each Dispatch Confirmation and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation.

You consent to receive sales invoices electronically. Electronic invoices will be made available in the Account area of the website. For each delivery, we will inform you in our Dispatch Confirmation.

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PRICING AND AVAILABILITY

We have made every effort to display as accurately as possible the colours and images of our fabrics that appear on this website. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of our products or product pricing are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time.

Despite our best efforts, a small number of the items in our catalogue may be mispriced or mislabelled. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product. Prices for our products are subject to change without notice.

Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.

Every effort will be made to supply goods to sample size and colour. Due to our products being 'hand-made', the photographs on our web-site are for illustrative purposes only and may not exactly match the product itself or its colour or the colour of any materials. Photographs or illustrations do not comprise any contractual warranty on our part and you should not rely on them as an exact representation of the products. All measurements shown on our website are approximate. The Company cannot be held responsible for slight variations which may occur. Should any fabric or product not be available. The Company will notify the Customer and permit the Customer to choose an alternative from its then current range of fabrics and products. In the event that the fabric or product ordered differs in price from the replacement, an adjustment upwards or downwards of the price will be made and any adjustment will be payable or allowable (as the case may be) in the final payment. In the event that no fabric satisfactory to the customer is available the Customer has the right to cancel their order within seven days of being notified by the Company that the fabric of the Customer's original choice is not available and the payment on the order shall be refunded.

Choosing a different fabric or altering sizes will change the appearance of final item.

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PAYMENT TERMS

Goods must be paid for in full prior to delivery or collection in a form and at a time acceptable to the Company. Cheques require a minimum of five working days for clearance prior to the release of goods for delivery or collection. A request to collect must be made inwriting. Once your order is complete you will be notified when you will be able to collect your order. Customers cannot collect their order prior to being notified and collection is made by appointment only.

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PRODUCT MEASUREMENTS

It is the Customers responsibility to make sure that the measurement for the made to measure products are 100% accurate. There are measuring guides provided on the site to enable the Customer to take the measurements accurately. We cannot accept any returns for these products if you have provided incorrect measurements. There may be some cases where these products can be altered, any costs involved with this, including postage, will be additional to your original order.

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TOLERANCE

Our products are made to measure by highly skilled professionals who will endeavour to be as accurate as possible within a variance of +/- 2cm. The Company cannot accept the return for products if the finished sizes are within this tolerance limit and you will not be entitled to reject the goods.

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PRODUCT CANCELLATION

For items purchased directly from Berry & Grouse, you are entitled to a 100% refund for any order cancelled within the cooling-off period. After this period, in some instances we would issue a partial refund covering the value of the order minus the costs incurred so far. Made to measure/bespoke orders are non-refundable. Berry & Grouse reserves the right to cancel an order and a refund will be issued onto the original form of payment. There will occasionally be situations where the fabric is temporarily out of stock or has been discontinued without out our knowledge. Berry & Grouse will endeavour to inform you of this as soon as we are notified by the fabric supplier. In these situations you will have the opportunity to cancel your order and a receive a full refund. Alternatively you can wait for the fabric to come back into stock if not discontinued or select another fabric.

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COOLING-OFF PERIOD

When purchasing directly from Berry & Grouse, you can cancel for a full refund up to 48 hours after placing your order when selecting our standard delivery option and 24 hours when selecting our Express delivery service. (Excludes bespoke and made to measure items)

 

Orders cannot be cancelled when the item has been dispatched.

 

COMPLETION DATES

These are approximate only and do not form any term or condition of this Agreement. Every effort will be made to adhere to these estimates but the Company accepts no liability for any direct or indirect loss arising from delay. 

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PROCESSING TIME AND POSTAGE

Our turnaround time is varied, and is updated regularly to give the most accurate information possible. The turnaround time is subject to change at any point, it is recommended that you double check the turnaround time before completing an order and if your order is time sensitive to contact us direct for more information. Products will be delivered by courier to the address provided when ordering, a notification email will be sent to you informing you that the products have been dispatched.

Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such. Berry & Grouse is not responsible for delays caused in transit.

We deliver to UK Mainland only. Additional delivery charges may apply to remote locations within the UK. These charges are a reflection of the additional costs charged by courier companies. These include certain parts of Northern Scotland (postcode ranges; IV2-IV28, PH10-PH44, PA20-PA29, KA27-KA28), Scottish Islands, Isle of Wight, Isle of Man and Northern Ireland. 

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IMPORT DUTIES

If you order Products from our site for Delivery outside the UK (with prior consent from Berry & Grouse), they may be subject to VAT, import duties and taxes which are levied at the destination (From Jan 2021 includes Northern Ireland). The customer is responsible for payment of any such VAT, import duties and taxes. Please contact your local customs office for further information before placing your order.

It is the customers responsibility to comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

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RETURNS & EXCHANGES:

The Customer has fourteen (14) days from receipt of the delivery to return or exchange. The item(s) returned must be unused and in the original condition which were received, with tags attached and in original packaging. 

The customer will need to complete the Request to Return/Exchange Form. Once the company has accepted this request, the item can be returned for refund or exchanged for a replacement. Refund payments will be made to the original payment card the item(s) was purchased on. The company is unable to process refund payments onto an alternative card.

The Company is not responsible for any return postal costs and additional return postage fees may apply for exchanged items.

The Company is not responsible for item(s) purchased from a stockist. 

The Company cannot accept returns or exchanges on:

• Custom or personalised orders

• Perishable products (like food or flowers)

• Digital downloads

• Intimate items (for health/hygiene reasons)

• Items on sale

• Seconds or ex-display items

• Cut lengths of fabric

• Bedding, throws, scatter cushions (cases and inserts), dog beds - for disease/health/hygiene reasons once original packaging has been opened the item can only be returned/exchanged if faulty

• Gift Vouchers (non-refundable)

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Berry & Grouse will only dispatched the exchange item(s) once we have received the returned item in its original condition, unused and undamaged. The Customer is still responsible for any loss in value if the item is damaged upon return.  Additional postage charges may apply if you significantly change your order.  

If your replacement item costs less than the item the Customer returned The Company will refund the Customer the difference returned to the original payment method. Alternatively, if the replacement item costs more then the returned item, the Company will need to take an additional payment from the Customer. The Company will send an invoice for additional payment from the Customer. 

Any additional payment will need to be reached prior to the Company sending out the exchanged item. Any outstanding balance must be settled within 14 days, after this, the order will be cancelled and any credit will be returned to the original payment method.

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DAMAGED OR DEFECTIVE GOODS DURING DELIVERY

Every effort will be made to ensure that the goods you have ordered arrive undamaged and without defect. Upon delivery the customer is advised to inspect the packaging for any viable signs of mishandling by the courier company and to take photographic evidence of all angles of the packaging.

If the goods are found to be either damaged or defective in any way at the time of Delivery, you must contact Berry & Grouse within 24hours of delivery and complete our Damage Goods Return Form and submit photographic evidence of the packaging and contents. The Customer is requested to keep the item and packaging whilst a claim is being processed. A member of the team will contact the Customer to process the request. Once the Request to Return has been accepted by the Company, the Customer must ensure all return item(s) are securely wrapped (if possible use original packaging), include a copy of the Request to Return Form and send to:
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BERRY & GROUSE - RETURN ITEM FROM [customer name/order number]
South Cottage, Howell Lane, Ewerby Thorpe, Sleaford, NG34 9PR.

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The Company at its discretion may arrange the return of the item(s) the Customer is responsible to package the item(s) and must ensure all return item(s) are securely wrapped (if possible use original packaging), include a copy of the Request to Return Form and label the outside of the box with 'RETURN ITEM FROM [Customer name/order number]' so the item can be identified upon return. The Customer may need to submit parcel dimensions and parcel weight to the Company for courier purposes. The Company will notify the Customer of the drop off location or collection date and the Customer will be responsible for the drop off or to be available in person for the parcel to be collected (Berry & Grouse accepts no responsibility if a drop of location is unavailable/closed/full. Collection dates and times can be subject to change by the courier and Berry & Grouse accepts no liability for failed or rescheduled collections. Berry & Grouse accepts no responsibility if parcel(s) for collection are left out for couriers to collect and it is advised that the customer is present for the collection). The Customer must obtain proof of receipt of a drop off or collection from the courier. 

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Upon return of the goods the Company will inspect the item(s). If the goods are damaged, and we are unable to repair the item to manufacturing standards the Company will send a replacement item. If the original item(s) does not need to be returned to the Company, the Company will confirm this in writing to the Customer prior to a replacement being sent.

 

 

QUALITY AND FITNESS FOR PURPOSE

Berry & Grouse warrants that, for a period of thirty (30) days from the date of delivery (warranty period), the Goods shall conform in all material respects with their description and be free from material defects in design, material and workmanship; and be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). The Customer must give in writing to Berry & Grouse during the warranty period, within five (5) Business Days of discovery that some or all of the Goods have material defects in design, material and workmanship. A member of the team will contact the customer to process the request. The customer will need to complete the Request to Return/Exchange Form and provide photographic evidence of all faulty goods. It will be necessary for Berry & Grouse is to be given a reasonable opportunity of examining such Goods; and the Customer (if asked to do so by Berry & Grouse) return such Goods to Berry & Grouse’s place of business at the Customer's cost, Berry & Grouse shall, at its option, repair or replace any Goods that are found to be defective, or refund the price of such defective Goods (in part or in full). No replacements or refunds will be processed until the faulty item is returned to Berry & Grouse. If the item(s) does not need to be returned to the Company, the Company will confirm this in writing to the Customer prior to a replacement being sent.

Berry & Grouse shall not be liable for Goods' failure to comply with the above if:

• the Customer makes any further use of such Goods after giving notice of defects.

• the defect arises because the Customer failed to follow Berry & Grouse’s oral or written instructions as to the storage, use and maintenance of the Goods. The Customer alters or repairs such Goods without the written consent of Berry & Grouse; or if the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage conditions.

• the Customer is liable for the repair of the damaged item(s) the Customer will be subject to repair and return postage fees. Berry & Grouse is not responsible for returning an unrepaired/damaged item(s) to the Customer and return postage fees will apply.

 

Berry & Grouse’s only liability to the Customer if the Goods fail to comply with the warranties set out above is:

• 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 Trading Agreement.

 

The terms of the Trading Agreement shall apply to any repaired or replacement Goods supplied by Berry & Grouse.

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FABRICS

Berry & Grouse cannot guarantee that the picture represents the true colour and texture of the actual fabric. Fabric stock images are direct from the manufacturer. Some fabrics are harder wearing than others and Berry & Grouse gives no warranty that a particular fabric will suit a customer's intended use better than another. Cleaning instructions for each fabric are contained in manufacturers' sample books which are available on request. Customers own fabric is accepted at the customers’ own risk. Berry & Grouse may request for a sample of the Customers own fabric for product testing and suitability and is non-returnable. If the Customer chooses to proceed with an order using their own fabric, Berry & Grouse gives no warranty for the suitability of use.

 

PICTURES ARE FOR ILLUSTRATION PURPOSES ONLY

Due to the nature of our handmade items pictures are for illustration purposes only and the final product may vary. All handmade products are made from rolls of fabric with a pattern repeat design. The design/fabric placement featured on each item will vary. Berry & Grouse is an authorised seller of the manufacturers fabric. Colour may vary but will be within the manufacturers tolerance. Fabric samples are available upon request and are recommended before purchasing made to measure items.

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ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made on our website.

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THIRD-PARTY LINKS

Certain content, products available via our website may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

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PERSONAL INFORMATION

Your submission of personal information through the site is governed by our Privacy Policy.

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ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and product shipping charges. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

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APPLICABLE LAW

These Terms are governed by and construed in accordance with the laws of England. We both agree to submit to the non-exclusive jurisdiction of the courts of England.

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DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.

Every effort will be made to supply goods of sound workmanship and quality. No subsequent claims for Delivery damage or visible marks can be entertained. In any event the Company's liability shall not exceed the original value of the goods.

We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.

This does not include or limit in any way our liability: for death or personal injury caused by our negligence under section 2(3) of the Consumer Protection Act 1987

for fraud or fraudulent misrepresentation

for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:

 

• loss of income or revenue;

• loss of business;

• loss of profits or contracts;

• loss of anticipated savings;

• loss of data.

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CHANGES TO TERMS OF SERVICE

We reserve the right to make changes to our website, policies, and terms and conditions, including these Terms at any time. You will be subject to these Terms, policies and any other conditions in force at the time that you order products from us, unless any change to those Terms, policies or any other conditions is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Terms are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Berry & Grouse reserves the right to:

a) Change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Berry & Grouse or the Site Developers shall not be liable to you for any such change or removal.

b) Change these terms and conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

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WAIVER

If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

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CONTACT INFORMATION

Questions about the terms and conditions should be sent to us at info@berryandgrouse.com