Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.ryansdirect.co.uk (our site) to you.
Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
1.1 www.ryansdirect.co.uk is a site operated by Ryan and Son Limited (we). We are registered in England and Wales under company number 6169661, with our registered office and main trading address at Ryans Direct Warehouse, 66 Long Lane, Liverpool, L9 7BN.
2. YOUR STATUS
By placing an order through our site, you warrant that:
You are legally capable of entering into binding contracts; and
You are at least 18 years old;
You are resident in the UK; and
You are accessing our site from the UK.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. The contract between us (Contract) will only be formed when we dispatch your items.
3.2 The Contract will relate only to those Products we dispatch. We will not be obliged to supply any other Products which may have been part of your order until those products become available to us for dispatch.
4. CONSUMER RIGHTS
4.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products, but will be liable for all costs incurred for the return of the product, in accordance with our refunds policy (set out in clause 8 below).
4.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4.3 You will not have any right to cancel a Contract for the supply of any of the following Products:
Specially Ordered Products that have been custom made to suit your requirements or which cannot readily be returned.
4.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
5. AVAILABILITY AND DELIVERY
5.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
5.2 For palletised deliveries, the goods will be delivered as close as possible to your front door. If this location is unreachable for any reason, such as a narrow street, up a flight of stairs (such as flats), or any other obstruction, delivery will be made as near to your property as possible.
5.3 For palletised deliveries, the driver is NOT insured to take the goods inside your property. The pallet will be delivered to a location as stated in 5.2, and it is strongly recommended that at least 2 able bodied persons are available to receive the delivery and carry the goods inside.
6. RISK AND TITLE
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7. PRICE AND PAYMENT
7.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
7.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Options page.
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
7.6 Payment for all Products must be by Paypal or by credit or debit card. We accept payment with Visa, Mastercard, Visa Delta, Switch and Maestro. Payment will be debited at time of order through the Paypal payment system.
8. OUR REFUNDS POLICY
8.1 Returns will be accepted in the following circumstances
for Products returned within the seven-day cooling-off period, we will, subject to return of the Products to us, process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. The Products must be returned as new and in their original packaging. In this case, we will refund the price of the Product in full but you will be responsible for the cost of returning the item to us.
for tile products returned within 28 days from the date the initial order was placed. Only full boxes of tiles can be returned, or in the case of mosaic or border tiles, individual sheets may be returned in the 28 day time period. Our standard refund policy applies.
for orders cancelled once the goods have been dispatched from our distribution center. Such cancellation of orders will result in a refund of the Products, less any costs incurred by us in recovering the items back to our distribution center.
for defective products we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect not caused by you or your servant or agent will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
Products damaged in transit must be noted at the time of delivery, documented on the delivery note and delivery refused. It is the customer’s responsibility to check the Products for damage with the delivery driver and to notify us of any damages within a reasonable period. We will not accept claims for Products damaged in transit that were signed for as being in good condition.
8.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9. OUR LIABILITY
9.1 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.
9.2 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 and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
9.3 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; or
For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.4 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 (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
10. ACCESS TO ryansdirect.co.uk
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12.1 All notices given by you to us must be given to Ryan and Son Limited at Ryans Direct Warehouse, 66 Long Lane, Liverpool, L9 7BN or email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
17.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
18.2 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
19. LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Ryan and Son Limited ("We") are committed to protecting and respecting your privacy.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Ryan and Son Limited of Ryans Direct Warehouse, 66 Long Lane, Liverpool, L9 7BN . Information we may collect from you
We may collect and process the following data about you:
Information that you provide by filling in forms on our site www.ryansdirect.co.uk (our site). This includes information provided at the time of registering to use our site, and placing orders through our site. We may also ask you for information when you enter a competition or promotion sponsored by Ryan and Son Limited.
If you contact us, we may keep a record of that correspondence.
We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
Details of transactions you carry out through our site and of the fulfilment of your orders.
Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise.
IP addresses and cookies
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:
To estimate our audience size and usage pattern.
To store information about your preferences, and so allow us to customise our site according to your individual interests.
To speed up your searches.
To recognise you when you return to our site.
Where we store your personal data
Unfortunately, the transmission of information via the internet is not completely secure. Athough we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Uses made of the information
We use information held about you in the following ways:
To ensure that content from our site is presented in the most effective manner for you and for your computer.
To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
To carry out our obligations arising from any contracts entered into between you and us.
To allow you to participate in interactive features of our service, when you choose to do so.
To notify you about changes to our service.
We may also use your data to provide you with information about goods and services which may be of interest to you and we may contact you about these by post or telephone.
If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
If you are a new customer we will contact you by electronic means only if you have consented to this.
If you do not want us to use your data in this way, please tick the relevant box situated on the form on which we collect your data (the order form).
We do not sell, rent or pass on any information about our customers to third parties and we do not disclose information about identifiable individuals to our advertisers. However, we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
Disclosure of your information
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985 and which are not treated by us as third parties.
We in the following circumstances and notwithstanding the foregoing, we may disclose your personal information to third parties:
In the event that we buy any business or assets substantially comprising a business, in which case we may disclose your personal data to the prospective seller of such business or assets.
If Ryan and Son Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions of supply and other agreements; or to protect the rights, property, or safety of Ryan and Son Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at Ryans Direct Warehouse, 66 Long Lane, Liverpool, L9 7BN.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
The Waste Electrical and Electronic Equipment (WEEE) Directive is now UK law. The legislation aims to make producers pay for the collection, treatment and recovery of waste electrical equipment. The regulations also mean that suppliers of equipment like high street shops and internet retailers must allow consumers to return their waste equipment free of charge.
The amount of WEEE we throw away is increasing by around 5% each year, making it the fastest growing waste stream in the UK.
Much of the UK’s WEEE ends up in landfill, where the lead and other toxins it contains can cause soil and water contamination. This can have a harmful effect on natural habitat, wildlife and also human health.
Many electrical items that we throw away can be repaired or recycled. Recycling items helps to save our natural finite resources and also reduces the environmental and health risks associated with sending electrical goods to landfill.
Distributors of new Electric and Electronic Equipment (EEE) have a part to play in reducing the amount of WEEE going into landfill sites.
Ryan and Son Limited is obliged under these regulations to offer our customers free take-back of their WEEE on a like-for-like basis when they buy a new Electrical or Electronic product from us.
For example, if a customer bought a new electric shower from us we would accept their old electric shower and prevent it going into a landfill site by disposing of it safely. Customers must return their WEEE item to us within 28 days of purchasing their new item.
Under the WEEE Regulations, all new electrical goods should now be marked with the crossed-out wheeled bin symbol shown below:
Goods are marked with this symbol to show that they were produced after 13th August 2005, and should be disposed of separately from normal household waste so that they can be recycled.