Customer Service

Returns Policy & Replacements (Business & Consumer)

  1. IntroductionWe understand that from time to time you may wish to return a product to us. We have created this 30 day returns policy to enable you to return products to us in appropriate circumstances. This returns policy applies to customers in England and Wales/irrespective of your geographical location. This policy does not affect any statutory rights you may have (such as consumer rights under the Consumer Protection (Distance Selling) Regulations 2000).
  2. ReturnsWhere you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return a product to us where:(a) we receive the returned product within 30 days following the date of purchase of the product;

    (b) the returned product is unused with any labels still attached and otherwise in a condition enabling us to sell the product as new;

    (c) you comply with the returns procedure set out below; and

    (d) none of the exclusions set out below apply.

  3. Returns procedureProducts returned under this policy must be sent to: Fibrous, 299-305 Whitehorse Road, Croydon, CR0 2HR. You will be responsible for paying postage costs associated with returns under this policy.
  4. ExclusionsThe following kinds of products may not be returned under this policy:(a) Used Urns or other used ashes containers

    (b) any product made to your specification;

    (c) any product made to order;

  5. RefundsWe will send you a refund for the full price of any product properly returned by you in accordance with the terms of this returns policy excluding the original delivery charges and including the costs of returning the product to us.We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

    We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your returned product.

  6. Improper returnsWhere you return a product in contravention of this policy (and where you do not have any other legal right to return the product):(a) we will not refund or exchange the product;

    (b) we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and

    (c) if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.

  7. About usOur full name is Fibrous.Our principal trading address is Suite 6A, Orient House, Newton Street, Hyde, Cheshire, SK14 4RY.

    Our email address is info@fibrous.com.

 

Privacy & Security

We at Rowland Brothers Ltd understand that your privacy is important to you and that you care about how your personal data is used and shared online.  We respect and value the privacy of our Clients and everyone else who visits this website, https://rowlandbrothersshop.com/. (“our Site”) and will only collect and use personal data in ways that are described here, and in a manner that is consistent with our obligations and your rights under the law.

The procedures and principles set out in this Notice will be followed at all times by us as a company, as well as our employees, sub-contractors or other parties working on our behalf.

Please read this Privacy Notice carefully and ensure that you understand it.  You are deemed to have accepted our Privacy Notice when you first use our Site.  If you do not accept and agree with this Privacy Notice, you must stop using our Site immediately.

  1. Definitions and Interpretation

In this Notice, the following terms have the following meanings:

“Client” means any individual, firm or corporate body to which we provide our services;

“Cookie” means a small text file placed on your computer or device by our Site when you visit certain parts of our Site and/or when you use certain features of our Site. Details of the Cookies used by our Site are set out in section 11, below;

“Data Protection Laws” means the General Data Protection Regulation 2016/679 (“GDPR”) and Data Protection Act 2018;

“Personal data” means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to us by becoming a Client of ours or by visiting our Site. This definition shall, where applicable, incorporate the definitions provided in the applicable Data Protection Laws; and

“We/Us/Our” means Rowland Brothers Ltd, a company registered in England and Wales under number 06883205, whose registered office address is at299-303 Whitehorse Road, Croydon, England, CR0 2HR.

  1. What Does This Notice Cover?
    • This Privacy Notice applies to our use of personal data collected when you become a Client of ours, when you enquire about our services or when you visit our Site.
    • Our Site may contain links to other websites, including social media links. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.
  1. Your Rights
    • As a data subject, you have the following rights under the applicable Data Protection Laws, which this Notice and our use of personal data have been designed to uphold:
      • The right to be informed about our collection and use of personal data;
      • The right of access to the personal data we hold about you (see section 10);
      • The right to rectification if any personal data we hold about you is inaccurate or incomplete (please contact us using the details in section 12);
      • The right to be forgotten – i.e. the right to ask us to delete any personal data we hold about you (we only hold your personal data for a limited time, as explained in section 5 but if you would like us to delete it sooner, please contact us using the details in section 12);
      • The right to restrict (i.e. prevent) the processing of your personal data;
      • The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);
      • The right to object to us using your personal data for particular purposes; and
      • Rights with respect to automated decision making and profiling.
    • If you have any cause for complaint about our use of your personal data, please contact us using the details provided in section 12 and we will do our best to solve the problem for you. If we are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office.
    • For further information about your rights, please contact the Information Commissioner’s Office or your local Citizens’ Advice Bureau.
  1. What Data Do We Collect and How Do We Use Your Data?
    • We may collect, use, store, and transfer different kinds of personal data about you which we have grouped together as follows:
      • Identity Data includes first name, last name, title, username or similar identifier.
      • Contact Data includes billing address, site address, email address, and telephone numbers.
      • Financial Data includes bank account and payment card details.
      • Transaction Data includes details about payments to and from you, and other details of services you have purchased from us.
      • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Site.
      • Profile Data includes your username and password, your interests, preferences, feedback and survey responses.
      • Usage Data includes information about how you use our Site and services.
      • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties, and your communication preferences.
    • All personal data is processed and stored securely, for no longer than is necessary or statutorily required in light of the reason(s) for which it was first collected. We will comply with our obligations and safeguard your rights under the applicable Data Protection Laws at all times. For more details on security see section 5, below.
    • Our use of your personal data will always have a lawful basis, either because it is necessary for our performance of a contract with you, because you have consented to our use of your personal data (e.g. by subscribing to emails), or because it is in our legitimate interests. Specifically, we may use your data for the following purposes:
Purpose/Activity Type of Data Lawful basis for processing including basis of legitimate interest
To commence working with you as a new or returning client Identity 

Contact

Performance of a contract with you
To deliver our services to you, including: 

(a) Managing payments

(b) Collecting and recovering money owed to us

Identity 

Contact

Financial

Transaction

Marketing and Communications

(a) Performance of a contract with you 

(b) Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you, which will include: 

(a) Notifying you about changes to our terms or website policies

(b) Asking you to leave a review or take a survey

Identity 

Contact

Profile

Marketing and Communications

(a) Performance of a contract with you 

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how clients use our services)

To administer and protect our business and this Site (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) Identity 

Contact

Technical

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) 

(b) Necessary to comply with a legal obligation

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you Identity 

Contact

Profile

Usage

Marketing and Communications

Technical

Necessary for our legitimate interests (to study how clients use our services, to develop our services, to grow our business and to inform our marketing strategy)
To use data analytics to improve our Site, services, marketing, client relationships and experiences Technical 

Usage

Necessary for our legitimate interests (to define types of clients for our services, to keep our Site updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about services that may be of interest to you Identity 

Contact

Technical

Usage

Profile

Marketing and Communications

Necessary for our legitimate interests (to develop our services and grow our business)
  • With your permission and/or where permitted by law, we may also use your data for marketing purposes which may include contacting you by email with information, news and offers on our services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under the applicable Data Protection Laws and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
  • Third parties whose content appears on our Site may use third party Cookies, as detailed below in section 11. Please refer to section 11 for more information on controlling Cookies. Please note that we do not control the activities of such third parties, nor the data they collect and use and advise you to check the privacy policies of any such third parties.
  • You have the right to withdraw your consent to us using your personal data at any time, and to request that we delete it. Unless we have reasonable grounds to refuse to delete it (where this is permitted under the applicable Data Protection Laws), we will do so without delay and within no longer than one month from receiving your request.
  • We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected.
  1. How and Where Do We Store Your Data?
    • We only keep your Personal Data for as long as we need to in order to use it as described above in section 4, and/or for as long as we have your permission to keep it.
    • We will only store your data in the UK, however, third party processors we use may store data elsewhere, as set out in section 6.
    • Data security is very important to us and to protect your data, we have taken suitable measures to safeguard and secure data collected.
  1. Do We Share Your Data?
    • We may sometimes contract with other third parties to supply services to you on our behalf, such as sub-contractors, and in some cases, these third parties may require access to some or all of your data. Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under the law.
    • We may compile statistics about the use of our Site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.
    • We may sometimes use third party data processors that are located outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). Where we transfer any personal data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the applicable Data Protection Laws.
    • In certain circumstances, we may be legally required to share certain data held by us, which may include your personal data, for example, where we are involved in legal proceedings, where we are complying with legal requirements, a court order, or a governmental authority.
  1. What Happens If Our Business Changes Hands?
    • We may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of our business. Any personal data that you have provided will, where it is relevant to any part of our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Notice, be permitted to use that data only for the same purposes for which it was originally collected by us.
    • In the event that any of your data is to be transferred in such a manner, you will not be contacted in advance and informed of the changes.
  1. How Can You Control Your Data?
    • In addition to your rights under the applicable Data Protection Laws, set out in section 3, when you submit personal data to us via email or via our Site, you may be given options to restrict our use of your data. In particular, we aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails and at the point of providing your details).
    • You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
  1. Your Right to Withhold Information
    • You may access certain areas of our Site without providing any data at all. However, to use all features and functions available on our Site you may be required to submit or allow for the collection of certain data.
    • You may restrict our use of Cookies. You can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party Cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
  1. How Can You Access Your Data?
  • You have the right to ask for a copy of any of your personal data held by us (where such data is held). Please contact us for more details using the contact details below in section 12.
  1. Our Use of Cookies
    • All Cookies used by and on our Site are used in accordance with current Cookie law.
    • We may place and access the first party and third-party Cookies on your computer or device, to facilitate and improve your experience of our Site and to provide and improve our services:
  • First party Cookies are those placed directly by us and are used only by us. Third party Cookies are those placed by websites, services, and/or parties other than us.  These Cookies are not integral to the functioning of our Site and your use and experience of our Site will not be impaired by refusing consent to them.
  • Before Cookies are placed on your computer or device, you will be shown a pop-up requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of our Site may not function fully or as intended.
  • Certain features of our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are also shown above. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed in clause 10.2, but please be aware that our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.
  • Our Site uses Google Analytics. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling us to better understand how our Site is used. This, in turn, enables us to improve our Site and the services offered through it. You do not have to allow us to use these Cookies, however whilst our use of them does not pose any risk to your privacy or your safe use of our Site, it does enable us to continually improve our Site, making it a better and more useful experience for you.  Google’s privacy policy is available at: google.com/policies/privacy
  • You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access our Site more quickly and efficiently.
  • It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
  1. Contacting Us

If you have any questions about our Site or this Privacy Notice, please contact us by email at info@rowlandbrothers.com. Please ensure that your query is clear, particularly if it is a request for information about the data we hold about you (as under section 10, above).

  1. Changes to Our Privacy Notice

We may change this Privacy Notice from time to time (for example, if the law changes). Any changes will be immediately posted on our Site and you will be deemed to have accepted the terms of the Privacy Notice on your first use of our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.

 

Payment, pricing & Promotions

Prices for products are quoted on our website.  The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect.  We will verify prices as part of our sale procedures so that a product’s correct price will be stated on confirmation of order after you have placed the order.

In addition to the price of the products, you will have to pay a delivery charge, which will be as stated when you pay for the product.

Payment must be made upon the submission of your order.  We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.

The prices on the website include all value added taxes (where applicable).

Payment for all products must be made by credit card OR with Purchase Order Number.

Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

If you are a business customer, then from may agree to open an account for you, enabling you to pay in arrears.  Where you hold an account, then upon or following the dispatch of products, we will send to you an invoice for payment of the price of those products, and you will pay such invoice within 30 days of the date of the invoice.  Accounts will be subject to such credit limits as we may notify to you from time to time.  If you do not pay any amount properly due to us under or in connection with these terms of sale on time, we may: charge you interest on the overdue amount at the rate of 8% per year above the base rate of Lloyds TSB from time to time (which interest will accrue daily until the date of actual payment, be compounded quarterly, and be payable on demand); or claim interest and statutory compensation from you pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.]

If you dispute any payment made to us you must contact us immediately and provide full details of your claim.  If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within [7] days following the date of the charge-back: (i) an amount equal to the amount of the charge-back; (ii) all third party expenses incurred by us in relation to the charge-back (include charges made by our or your bank or payment processor or card issuer); (iii) an administration fee of GBP [amount] [(including VAT)]; and (iv) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).

Without prejudice to our other rights, if you submit an unjustified credit card, debit card  or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.

For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.

  1. Your warrantiesYou warrant to us that:(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;

    (b) the information provided in your order is accurate and complete; and

    (c) you will be able to accept delivery of the products.

  2. Delivery policyWe will arrange for the products to be delivered to the address for delivery indicated in your order.We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 7 days of the date of our order confirmation.  However, we cannot guarantee delivery by the relevant date.  We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation.

    We will only deliver products within England and Wales.

  3. Risk and ownershipThe products will be at your risk from the time of delivery.  Ownership of the products will only pass to you upon the later of:(a) delivery of the products; and

    (b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).

    Until ownership of the products has passed to you, you will possess the products as our fiduciary agent and bailee, and if you are a business customer you must store the products separately from other goods and ensure that the products are clearly identifiable as belonging to us.

    We will be entitled to recover payment for the products even where ownership has not passed to you.

  4. Consumers: returns policyThis Section applies to consumers, not business customers.  If you are a business customer, the applicable returns policy is set out in Section [12].Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below).

    In order to cancel a contract in this way, you must give to us written notice of cancellation.

    [You will not have any such right insofar as a contract relates to: (i) the supply of any products which constitute audio or video recordings or computer software which have been unsealed by you; (ii) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control; (iii) the supply of newspapers, periodicals or magazines; (iv) the supply of goods made to your specifications or clearly personalised; or (v) the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.]

    If you cancel a contract on this basis, you must promptly return the products to us, in the same condition in which you received them.

    If you cancel a contract on this basis, you will be refunded in full (including the cost of sending the products to you).  However, you will be responsible for paying the cost of returning the product to us.

    If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so.  Similarly, if you return the products at our expense, we may pass that expense on to you.

  5. Consumers: statutory rightsIf you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.
  6. Business customers: limitation of warrantiesThis Section applies only to business customers, not consumers.We warrant to business customers that the products purchased from our website will:

    (a) conform in all material respects to any applicable specification of such products published on our website / issued by us; and

    (b) be free from material defects in materials and workmanship for a period of [1 year] from the date of delivery of the products.

    These terms of sale set out the full extent of our obligations and liabilities in respect of the products supplied to business customers hereunder. To the maximum extent permitted by applicable law and subject to the first paragraph of Section [15], all conditions, warranties or other terms concerning the products which might otherwise be implied into a contract with a business customer under these terms of sale are expressly excluded.

  7. Business customers: returns policyThis Section applies to business customers, not consumers.  If you are a consumer, the applicable returns policy is set out in Section [9]. Products may only be returned to us with our prior agreement, at your expense, and according to our directions. Any products returned in contravention of this Section will not be the subject of any refunds or replacements and you will continue to be liable for payment of the price of such products. Where you return products to us in accordance with the provisions of this Section, and in our reasonable opinion those products do not conform with the warranties set out in Section [11], then you will be entitled to replacement products (where replacements are available) or, where we agree, a refund of the price paid in respect of those products (including all delivery charges).
  8. RefundsIf you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
  9. Force majeureIn this Section and Section [15] below, “force majeure event” means:(a) any event which is beyond our reasonable control;

    (b) the unavailability of raw materials, components or products; and/or

    (c) power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.

    Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.

    If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms of sale, we will notify you forthwith.

    We will take reasonable steps to mitigate the effects of the any force majeure event.

  10. Limitations and exclusions of liabilityNothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law.  If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.The limitations and exclusions of liability set out in this Section [and elsewhere in the terms of sale]: (a) are subject to the preceding paragraph; (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale,  including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

    We will not be liable to you in respect of any losses arising out of a force majeure event.

    We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

    If you are a business customer,]we will not be liable to you in respect of any loss or corruption of any data, database or software.

    If you are a business customer,we will not be liable to you in respect of any special, indirect or consequential loss or damage.

    If you are a business customer, our aggregate liability to you under the terms of sale will not exceed the greater of: (a) £100; and (b) the total amount paid or (if greater) payable by you to us under the terms of sale.

  11. Business customers: indemnityIf you are a business customer, you hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.
  12. Contract cancellationWe may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations to us under the contract.If you are a business customer, we may cancel a contract to supply products made under these terms of sale if:

    (a) you cease to trade;

    (b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;

    (c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;

    (d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or

    (e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors (other than for the purposes of solvent amalgamation or reconstruction).

  13. Consequences of cancellationUpon the cancellation of a contract in accordance with Section [17]:(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

    (b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

    (c) all the other provisions of these terms of sale will cease to have effect, except that Sections [8, 11, 12, 15, 16, 18 and 20] will survive termination and have effect indefinitely.

  14. Scope of these terms of saleThese terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.
  15. General termsWe will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us.  We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

    If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

    No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.

    You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale.   Any attempt by you to do so will be null and void.  We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these terms of sale.

    Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

    Subject to the first paragraph of Section [15]: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

    These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have [non-]exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

 

Website Terms & Conditions

  1. IntroductionThese terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
  2. These terms and conditionsThese terms and conditions were made using an SEQ Legal precedent created for HYPERLINK “http://www.template-contracts.co.uk/”http://www.template-contracts.co.uk and available on  HYPERLINK “http://www.website-law.co.uk/”http://www.website-law.co.uk.
  3. Licence to use websiteUnless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website.  Subject to the licence below, all these intellectual property rights are reserved.You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

    Unless authorised by Fibrous you must not:

    (a) republish material from this website (including republication on another website);

    (b) sell, rent or sub-license material from the website;

    (c) show any material from the website in public;

    (e) edit or otherwise modify any material on the website;

    (f) redistribute material from this website [except for content specifically and expressly made available for redistribution such as our newsletter

    Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

  4. Acceptable useYou must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

    You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

    You must not use our website to transmit or send unsolicited commercial communications.

    You must not use our website for any purposes related to marketing without our express written consent.

  5. Restricted accessAccess to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.

    We may disable your user ID and password in our sole discretion without notice or explanation.

  6. User generated contentIn these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

    Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

    You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

    We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

    [Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.]

  7. Limited warrantiesWe do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
  8. Limitations and exclusions of liabilityNothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

    To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

    We will not be liable to you in respect of any loss or corruption of any data, database or software.

    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

  9. IndemnityYou hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
  10. Breaches of these terms and conditionsWithout prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
  11. VariationWe may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website.  Please check this page regularly to ensure you are familiar with the current version.
  12. AssignmentWe may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
  13. SeverabilityIf a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
  14. Exclusion of third party rightsThese terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
  15. Entire agreementThese terms and conditions [, together with our privacy policy,] constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
  16. Law and jurisdictionThese terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.
  17. About usFibrous is a trading name of Rowland Brothers Trade Ltd. Our principal address is Orient House, Newton Street, Hyde, Cheshire SK14 4RY.   Our email address is info@fibrous.com.  Our registered office address is Oak House, 5 Robin Hood Lane, Sutton, Surrey SM1 2SW. Company Number: 06883177. VAT Number GB 207 1736 27.