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Terms & Conditions

Please read these terms and conditions carefully before using our site and/or ordering a product from our site. If you have any queries on these terms and conditions please contact us at enquiries@mrharoldandson.co.uk before using our site and/or placing any order.

1.    INFORMATION ABOUT US
2.    HOW THESE TERMS APPLY
3.    ACCESSING OUR SITE AND REGISTRATION
4.    SITE CONTENT
5.    ABOUT YOU
6.    PRODUCTS
7.    PLACING AN ORDER AND HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
8.    PRICE AND PAYMENT
9.    DELIVERY OF PRODUCTS
10.  QUALITY
11.  CANCELLATIONS AND REFUNDS
12.  TERMINATION OF YOUR ACCOUNT
13.  OUR LIABILITY TO YOU
14.  WRITTEN COMMUNICATION
15.  NOTICES
16.  TRANSFER OF RIGHTS AND OBLIGATIONS
17.  EVENTS OUTSIDE OUR CONTROL
18.  WAIVER
19.  SEVERABILITY AND THIRD PARTY RIGHTS
20.  ENTIRE AGREEMENT
21.  OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
22.  LINKS FROM OUR SITE
23.  LAW AND JURISDICTION
24.  QUESTIONS OR COMPLAINTS?
 
1.    INFORMATION ABOUT US
1.1    www.mrharoldandson.com ("site") is a site owned and operated by R C Ventures Limited ("we"). We are a Private Limited Company registered in Scotland with registered number 82708. Our VAT registration number is 382 9188 13. A list of our directors is available for inspection at Companies House.
 
2.    HOW THESE TERMS APPLY
2.1    These terms and conditions (together with the documents referred to in them) ("terms and conditions") set out the conditions on which you may make use of our site, whether as a guest or a registered user, and if applicable, purchase products from our site as a registered user. By using the site and/or by purchasing products from the site you agree to be bound by these terms and conditions.
2.2    From time to time, specific terms may apply to products in addition to or in replacement of these terms and conditions. These product specific terms will be clearly indicated and featured on the site for the relevant product and will take precedence to the extent that they conflict with these terms and conditions.
2.3    Please read all the relevant terms and conditions carefully before you use our site and/or order a product. If you do not agree to the terms and conditions then please do not use our site or purchase products from our site.
2.4    Before completing any order for any product you will be required to confirm you agree that you accept these terms and conditions. By confirming you agree (ie by ticking the relevant boxes) and/or by using this site to purchase products you are accepting these terms and conditions and, if relevant, any product specific terms. If you have any queries on these terms and conditions please contact us before placing any order (see section 22). Any terms which you seek to impose in respect of your use of the products or this site will not form part of any contract between us.
2.5    Please also read our Privacy Policy, which explains how we may collect and use information about you through this site. By using our site or purchasing products from our site, you consent to us obtaining and holding your personal data as set out in our Privacy Policy.
 
3.    ACCESSING OUR SITE AND REGISTRATION
3.1    You are responsible for making all arrangements necessary for you to have access to our site and/or view any product information including obtaining and maintaining all internet access, computer hardware and other equipment needed to access the site. You will also be responsible for all charges related to this.
3.2    You will need to register with the site to place an order. In order to register, you need to provide us with certain information including your name, postal address, email address, contact telephone number, and create a username and password. You are only permitted to hold one account with us at any one time. As a registered user of our site you will be able to view your order history. Please see our registration page for further details.
3.3    You agree to provide us your with truthful, complete and accurate details on registration. You should keep any account details (including any password) safe and should not share or disclose them to anyone. Please notify us immediately if you suspect your account details have been compromised. You are responsible for all orders placed/activity undertaken using your account details.
3.4    Please help us to ensure that your details are kept up to date. You can access and update your information by signing into your account via the site.
 
4.    SITE CONTENT
4.1    Unless otherwise expressly stated, this site and all materials that are included in or are otherwise a part of the site, including, without limitation, product inforamation, graphics, artwork, text, images, audio recordings, videos, designs, software, trade marks, logos, the "look and feel" of the site, and all other materials related to the site (collectively, the "Content") are owned, controlled or licensed by us, our subsidiaries or affiliates and are protected from unauthorised use, copying and distribution by copyright, trade mark, patent and other laws.
4.2    Except as is expressly provided in these terms and conditions, the Content may not be used, copied, reproduced, performed, displayed, modified, downloaded or distributed in any way, in whole or in part, without our express written permission. Note that in respect of some Content, additional copyright notices, information, or restrictions may be contained on the relevant part of the site featuring the Content and you agree to accept and abide by these additional restrictions/notices also.
 
5.    ABOUT YOU
5.1    By placing an order through our site, you warrant that:
     5.1.1    You are legally capable of entering into binding contracts;
     5.1.2    You are at least 18 years old;
 
6.    PRODUCTS
6.1    All products featured on our site are subject to availability. We update our site regularly to avoid causing disappointment but it can take time to update our site and we cannot guarantee that any particular product will be available at a particular time. We reserve the right to change or remove a product from this site at any time without notice or liability to you.
6.2    You are responsible for ensuring that you do not lose, destroy, or damage any product you purchase through this site. We shall not be obliged to replace any product in the event of any loss, destruction, or damage not caused by our negligence.
 
7.    PLACING AN ORDER AND HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1    If you would like to place an order for any product you will need to be a registered user and be signed into your account. You will then be redirected to the third party payment webpage where you will be required to enter your payment details. We do not hold, store or access your payment details.
7.2    For each order that you place through our site you will be required to confirm your acceptance to these terms and conditions as explained in section 2.4.
7.3    Following successful payment your order will be processed.
7.4    The contract for the purchase of any product will be between you and us.  Our contract with you only begins when we confirm acceptance of your offer to purchase goods from us.  An order will not take place (and we will not be deemed to have accepted your offer) until we have validated and confirmed your payment.  Any communication which you receive from us prior to validation, is not deemed to be acceptence of your order.  We reserve the right, in our sole discretion, to reject any order we receive prior to this point and/or in the event of a manifest pricing error (see sections 8.2 and 8.3). Ownership of the goods shall not pass to you until we have received payment in full (cleared funds).  The risk in the products shall pass to you on completion of delivery.  Once the contract is made, you will receive from us an acknowledgement by email giving you details of your order and notification of when the order has been dispatched.
 
8.    PRICE AND PAYMENT
8.1    Subject to sections 8.2 and 8.3, the price of any product will be as quoted on our site at the then current time, except in the case of obvious error. This price will include VAT (if applicable). We will not accept any offers for products other than at the then current price.
8.2    We use our best efforts to ensure the prices of products displayed on our site are correct. However it is always possible that, despite our best efforts, some of the productslisted on our site may be incorrectly priced. If a correct price is higher than the price stated on our site at the time you placed your order and we have not yet taken payment and begun processing the order, we will normally, at our discretion, either contact you for instructions before processing the order (ie to confirm your order and that you wish to proceed at the correct price), or reject your order and notify you of such rejection.
8.3    We are under no obligation to provide the product to you at the incorrect (lower) price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a pricing mistake. We reserve the right to withdraw from any contract for products in the case of obvious and unmistakable pricing errors.
8.4    Prices for products are liable to change at any time, but subject to sections 8.2 and 8.3 changes will not affect orders in respect of which payment has already been processed.
8.5    Payment for all orders must be by credit or debit card and via our third party payment provider. We work with a third party, SagePay that processes all payments made to us for orders. They will have access to your payment details to the extent necessary to process/fulfil your order. By providing the details of a credit or debit card to be billed for payment of the price due, you confirm that you are authorised to purchase the products and that you are the holder of the relevant credit or debit card or are expressly authorised to use such. All card payments and card holder details may be subject to validation checks.
 
9.    DELIVERY OF PRODUCTS
9.1    Delivery of goods in stock will normally take place within five working days of the contract being made (subject to stock availability). Specially ordered stock will take up to 30 days. However, this is only an estimate and time shall not be the essence of any order. We are unable to hold products for you and if you wish delivery outwith five working days, we reserve the right to refuse the order.
9.2    We deliver to mainland UK only.
 
10.    QUALITY
10.1    We abide by the Sales of Goods Act 1979. Please contact us at enquiries@mrharoldandson.co.uk for more information.


11.    CANCELLATIONS AND REFUNDS
     Cancellation of an order
11.1    If you wish to cancel your order for a product prior to it being made available to you please send us notice at enquiries@mrharoldandson.co.uk. Once you have notified us that you are cancelling your order, any sum debited to us from your credit card, debit card or PayPal, will be re-credited to your account as soon as possible and in any event within 30 days of your cancellation.
     Faulty Goods
11.2    We take great care in providing our products. In the unlikely event of faults with, or damage to, the goods or if you have received an incorrect or incomplete order please contact us at enquiries@mrharoldandson.co.uk. We will replace any such faulty or damaged goods if possible or if there are continuing issues with the goods we may issue a refund. You must notify us within a reasonable period of time of purchase. If you fail to notify us within a reasonable time, we will have no liability to you.
11.3    We reserve the right to charge a return carriage fee for all items returned to us.
 
12.    TERMINATION OF YOUR ACCOUNT
12.1    If you are in breach of, or we suspect you are in breach of, these terms and conditions then we may take any/all of the following actions:-
     ? issue a warning to you;
     ? immediate, temporary or permanent withdrawal of access to your account and/or the site;
     ? legal action against you;
     ? disclosure of information to law enforcement authorities as we reasonably feel is necessary.
     The responses described above are not limited and we may take any action we reasonably deem appropriate.
 
13.    OUR LIABILITY TO YOU
     PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT THE LIMITATIONS OF OUR LIABILITY TO YOU
     General
13.1    Whilst we try to ensure the site is normally available 24 hours a day, we will not be liable to you if for any reason the site is unavailable at any time or for any period. For example, access may be suspended without notice in the case of updating our site, carrying out maintenance or in circumstances beyond our control. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend any part of the site and/or any feature/service we provide on our site without notice (on a temporary or permanent basis). You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the site or any part thereof.
 
14.    WRITTEN COMMUNICATION
     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 site. 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.
 
15.    NOTICES
     All notices given by you to us must be given to Mattress Shed by emailing enquiries@mrharoldandson.co.uk. We will give notice to you at either the e-mail or postal address you provide to us as part of the order process or your account registration. Notice will be deemed received and properly served immediately when posted on our site, 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, and received by, the specified e-mail address of the addressee.
 
16.    TRANSFER OF RIGHTS AND OBLIGATIONS
     Save as set out herein, neither you nor we may transfer, assign, charge or otherwise dispose of any rights or obligations arising under these terms and conditions, without the other's prior written consent.
 
17.    EVENTS OUTSIDE OUR CONTROL
     17.1    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control ("Force Majeure Event").
     17.2    A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation), fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of public or private telecommunications networks and/or the acts, decrees, legislation, regulations or restrictions of any government.
     17.3    Our performance under any contract will be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance the same as 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 relating to these terms and conditions may be performed despite the Force Majeure Event.
 
18.    WAIVER
     18.1    If we fail to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies which we are entitled to under these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
     18.2    A waiver by us of any default shall not constitute a waiver of any subsequent default.
     18.3    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 section 15 above.
 
19.    SEVERABILITY AND THIRD PARTY RIGHTS
     19.1    If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term or provision will to that extent be removed from the remaining terms which will continue to be valid to the fullest extent permitted by law.
     19.2    A person who is not a party to these terms and conditions of sale has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms and conditions but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.
 
20.    ENTIRE AGREEMENT
     We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to their subject matter including any contract relating to our products. If you are uncertain about your rights or think there is a mistake or that the terms are not complete and accurate, please contact us before placing an order in order to discuss your query/concern as we only accept responsibility for the product.
 
21.    OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
     21.1    We reserve the right, in our sole discretion, to modify or otherwise update these terms and conditions (including to reflect changes affecting our business, changes in technology, changes in licensing arrangements, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our site's capabilities) by posting revised and/or updated terms to our site at any time. If you continue to use our site and/or purchase products from our site following such posting you will be agreeing to be bound by such modifications or updates. We recommend you review these terms and conditions on a regular basis.
 
22.    LINKS FROM OUR SITE
     There may be links from the site, or in communications you receive from the site, to third party websites. Accessing those third party websites requires you to leave our site. We do not control those third party websites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any loss or damage that may arise from your use of any of those third party websites. We encourage you to review all policies, terms and regulations, including privacy policies and terms of use of each and any third party website that you visit.
 
23.    LAW AND JURISDICTION
     These terms and conditions and any contracts for the purchase of products through our site and any dispute or claim arising out of these terms and conditions or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Scottish law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non- contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Scotland.
 
24.    QUESTIONS OR COMPLAINTS?
     If you have any queries at all regarding this site, the products featured on the site or any of these terms and conditions, please do not hesitate to contact us via e-mail at enquiries@mrharoldandson.co.uk by telephone on 0141-221-9969 or via post at 33 Argyll Arcade, Glasgow, G2 8BA, and we will be more than happy to assist you.

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