Terms and Conditions

Terms and Conditions of Purchase for www.montrosemakers.co.uk and www.montrosemakers.com

The following terms and conditions for e-commerce purchases (the "Terms & Conditions") are entered into between you, our customer (referred to as "you"or "your"), and Montrose Makers LLP, a business located at 5 Marlpit Close, Edenbridge, Kent, TN8 6BE and with a Company Number of OC440696 (referred to as "Montrose Makers”, "we", "our", or "us").

Please read these Terms & Conditions carefully before placing an order. By purchasing Products on our site, you agree to be bound by these Terms & Conditions. If you are not willing to be bound by these Terms & Conditions, please do not purchase Products on this site.

Our Products that these terms apply to

Montrose Makers owns and operates the website www.montrosemakers.co.uk and www.montrosemakers.com (the “Site”) and sells a range of home décor and gifts on the Site (each of which is a “Product”).

We have made every effort to display the images of the Products accurately on our Site, but they are for illustrative purposes only. All sizes, weights, capacities, colours, dimensions, and measurements indicated on our Site may vary slightly in the actual Product (up to 5%). Products and packaging may vary slightly from the images and descriptions.

Legal terms that apply to your purchase

Our Privacy & Cookies Policy, Website Terms of Use, and Returns Policy form part of these Terms & Conditions, and they also apply to your purchase and use of any products from our site.

If there is any inconsistency between any of those agreements and/or policies and these Terms & Conditions, these Terms & Conditions will take precedence.

For example, if our general refund policy is a certain number of days, and you see a different number of days in the refund policy in these Terms & Conditions, you can be sure that the refund policy you see here applies to your Digital Product purchase.

Minimum age for purchase

Our products are intended to be purchased by individuals over the legal age of adulthood (which happens to be 18 years old in most places in the world).

If you are not a legal adult, you must only make purchases from our site with the consent of a responsible adult.

Accepting your Order and when this contract applies

These Terms & Conditions will apply and be enforceable with respect to each Order placed by you from the time that we confirm the Order by email.

We have no obligations regarding your Order unless we accept it in writing. 

If there is any inconsistency between these Terms & Conditions and the information in your Order confirmation, these details on the Order will take precedence.

For example, if our delivery fee is usually a certain amount (as stated in these Terms & Conditions), and you see a different delivery fee on your Order confirmation, then the delivery fee in your Order confirmation will be the one applied.

If you have already paid for the Order and we are unable to supply you with a Product because:

a) the Product is not in stock or no longer available,

b) we cannot meet your requested delivery date, or

c) there was an error in the price on our site,

then we will notify you and refund you the full amount (including any delivery costs charged) as soon as possible.

Prices and delivery charges

Prices of the Products are specified on our Site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed Orders.

The prices listed on our Site include all applicable taxes (such as sales tax, VAT, and/or any other applicable taxes). The total due on the checkout page will always include all taxes and fees.

Delivery cost is not included in the price specified for a Product. A delivery charge will be added to the amount due during the checkout process, unless you have a discount code or have qualified for reduced/free delivery through one of our policies or promotions.

Despite our best efforts, there may sometimes be incorrect prices on some of the Products. If a Product’s correct price is less than a price shown on our site, the lower amount will be charged. If the Product’s correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the Order with the actual higher price. If the error in price is obvious, unmistakeable, and mispricing could have been recognised reasonably by you, we will not be liable to provide the Products to you at incorrect lower price.

Delivery

We will let you know the estimated delivery date or tracking information within 7 days of your Order confirmation. The actual delivery date may sometimes be affected by Circumstances Beyond Our Control, in which case please see the section titled “Delays/failures beyond our control”.

Your Order is considered delivered when a delivery person has delivered the Order to the address you provided on the Order or has handed the Order directly to you.

If no one is available at your address to accept the delivery, the delivery person will either leave a note to re-arrange delivery or try again another day. The re-delivery procedure, the maximum number of attempts to re-deliver, and the maximum storage time after the first unsuccessful delivery depends on the courier/postal service delivering to you. If the Order is not successfully delivered within their policies, the Order may be returned to us, in which case we will refund your Order. However, we reserve the right to not refund you the delivery fee.

Once an Order is delivered and we have received full payment for your Order, you will be the owner of the Products.

International delivery

We normally deliver locally in the UK (this is our “Local Delivery Area”), and delivery to anywhere outside of our Local Delivery Area will be considered international deliveries. We deliver to the following international destinations: worldwide.

International delivery will be subject to applicable import duties and taxes, which you must pay prior to us shipping your Order. If you have any questions or concerns about the fees and process, you should contact your local customs office for information on this.

You agree to comply by all applicable laws of country to which your Order is delivered, and we will not be responsible for any violations.

Payment

Payment for Products must be made in advance through one of the payment methods available on the checkout page.

By making a payment online with your credit or debit card, you give us permission to charge your payment method for the amounts specified on the checkout page. You also give us permission to share your payment information and instructions required to complete any and all payments in the transaction with its third-party payment providers.

Consequences of Failed Payments

Due to the nature of online payments, your payment may appear as “pending” or a similar status for several days. As a gesture of good faith, we will send you an Order confirmation and begin processing your Order before a payment has been cleared by our payment provider.

However, if the payment then fails, we may cancel your order. If a payment fails after your order has already shipped, you must immediately either make the payment due or return all Products in your Order to us.

By agreeing to these Terms & Conditions, you acknowledge that these are fair and reasonable consequences for failed .

Refunds, returns, and exchanges

We want you to be satisfied with your purchase. If for any reason you are not satisfied with any part of your Order, we accept returns or exchanges according to the following policy.

Items returned to us (whether for a refund or exchange) must be in new, unused condition in their original packaging, with all pieces included and intact.

Unfortunately, we cannot offer refunds, returns, or exchanges on the following products: Custom made orders, personalised items. Therefore, please choose carefully, as no refund will be given if you change your mind or made the wrong decision for these particular types of products.

You are responsible for paying the shipping fees to return the Products to us (whether for return or exchange). We will not re-imburse you for return shipping, except if you are returning/exchanging a damaged or faulty Product or because your Product was not as described.

If you are not satisfied with your purchase and would like to request a return or exchange, you can email us at hello@montrosemakers.co.uk within 14 days of the delivery date.

If you received a damaged or faulty Product, you may request a return or exchange within 30-60 days of the delivery date using the same procedure described above. Please also include photographs showing that the Product arrived damaged/faulty with your request. If the Product became damaged/faulty due to your improper use, you will not be eligible for a refund.

After your refund/exchange request is approved, you must send the Products back to us within 14 days.

Once you return an item, we will take up to 7 days to inspect the returned Products. If any of the returned Products are not in an unused and re-sellable condition, we may refuse your refund request or offer you a partial refund (or partial credit toward an exchange). Otherwise, we will refund/exchange you for the full price of the Product(s), but we will not refund any shipping fees associated with your Order.

Our policy is in addition to any legal rights you may have through legislation that applies to your purchase. If you believe that a law in your geographic area entitles you to a refund outside of what is permitted by this policy, please contact us at hello@montrosemakers.co.uk. We will verify our legal obligations, and if required, we will provide you with a refund.

Feedback, reviews, and testimonials

You own all of the information or materials (including comments, questions, feedback, suggestions, and testimonials) you may provide to us or post, upload, input, or submit on any platform or social media (collectively, the “Feedback”). Montrose Makers will never claim ownership of the Feedback which belongs to you.

However, by posting, uploading, inputting, providing, or submitting your Feedback, you are granting Montrose Makers permission to use your Feedback in connection with operating and marketing the business:

a) copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Feedback; 

b) to publish your name and image (if provided) in connection with your Feedback; and

c) to sub-license these rights to any of our affiliates and partners.

In other words, Montrose Makers has the right to include your Feedback, in any format (text, image, audio, video, etc.) on our Site, in marketing materials, and in paid advertising.

No compensation will be paid for the use of your Feedback in accordance with the rights granted in these Terms & Conditions. Montrose Makers is under no obligation to post or use any 

Feedback you provide and may remove any Feedback at any time.

Montrose Makers will never use any Feedback in a way that harms your reputation. If any Feedback includes the identifiable personal information of an individual other than you, Montrose Makers will anonymise that portion before publishing the Feedback.

Our quality guarantee

We guarantee that Products will be free from significant defects for a period of 1 year from the date of delivery. However, this guarantee does not apply to any defects in the Products arising from:

a) normal wear and tear;

b) any alteration or repair by you or by a third party which wasn’t authorised by us; 

c) your failure to operate or use the Products in accordance with any instructions provided;

d) damage caused by abnormal storage or working conditions, accident, or negligence (either by you or someone else); and

e) any specification or customisation which you requested.

This guarantee is in addition to your legal rights as a consumer in relation to Products that are faulty or not as described.

Promises you make

You promise that by making a purchase and entering into these Terms & Conditions with us, you do not rely on any statement, assurance, or warranty (whether made innocently or negligently) which is not set out in these Terms & Conditions.

You understand and agree that you cannot start a lawsuit against us for innocent or negligent misrepresentation based on any statement in these Terms & Conditions.

Promises we make and don’t make about our Products

Except as specifically stated in these Terms & Conditions, we do not give any representations, warranties, or undertakings in relation to our Products. 

To the fullest extent allowed by the law, we make no promises (aka warranties) whether express, implied, or statutory. This includes but is not limited to warranties about our products being suitable for your particular purposes.

Limitation of Liability

We are responsible for loss or damage that you suffer as a direct consequence of our negligence or our breach of these Terms & Conditions. However, we are not responsible for any loss or damage for any other reason.

Nothing in these Terms & Conditions excludes or limits the liability of Montrose Makers for:

a) fraud or fraudulent misrepresentation;

b) death or personal injury caused by negligence;

c) significant misrepresentation of the description, satisfactory quality, and safety

d) any breach of our obligations with respect to replace/refund defective products under the applicable laws in your geography (if obligations of this nature exist)

e) any breach of our obligations relating to the supply of goods and/or customer protection rights under the applicable laws in your geography (if obligations of this nature exist)

If you are dissatisfied with any of our Products, you should first check if you are eligible for a return or refund under our Returns and refunds policy.

Entire Agreement

These Terms & Conditions, along with any agreements and policies incorporated by reference, contain the full agreement between you and us regarding your purchase.

Any previous written or spoken agreements, promises, information, or understandings between us on this topic are not valid unless they are specifically mentioned in these Terms & Conditions.

A printed version of these Terms & Conditions and of any notice given in electronic form will be admissible in judicial or administrative proceedings relating to these Terms & Conditions and will be treated the same as documents originally generated and maintained in printed form.

Interpretation

Unless the context requires otherwise, references to the singular include the plural and the masculine includes the feminine (and vice versa). Headings in these Terms & Conditions are for convenience only and do not affect their interpretation.

Severability

If any part of these Terms & Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, then the rest of the Terms & Conditions will not be affected. 

If this occurs, you agree to substitute the affected portion with a valid alternative that has the same effect as would have originally been achieved (to the extent possible).

No Waiver

If we delay or choose not to enforce or exercise any term of or any right under these Terms & Conditions, we do not waive our rights. We can enforce/exercise it later.

Delays/failures beyond our control

We won't face legal or financial penalties if we're delayed or unable to fulfil our legal obligations because of circumstances beyond our control (these are “Circumstances Beyond Our Control”).

Circumstances Beyond Our Control include, but are not limited to, acts of God, natural disasters, governmental actions, terrorist threats or acts, civil unrest, national emergency, epidemic, lock-outs, labour disputes, materials or telecommunication breakdown, and power outage.

Montrose Makers is a small business with limited staff. Any illness affecting one or more of our staff members that prevents the effective day-to-day running of the business is also considered a Circumstance Beyond Our Control.

If a Circumstance Beyond Our Control affects our ability to meet our obligations under these Terms & Conditions, we will notify you as soon as possible. The delivery date (and any other deadline) will be extended by however long the Circumstance Beyond Our Control lasts.

If a Circumstance Beyond Our Control lasts longer than 30 days and you no longer want us to provide the Products, you may cancel your Order in accordance with the cancellation rights in these Terms & Conditions. 

We may cancel your Order and refund it if a Circumstance Beyond Our Control lasts longer than 30 days.

Dealing with disputes

If there is any disagreement about these Terms & Conditions or any purchase, you commit to resolving it through discussion and negotiation. Legal action can only be taken if honest efforts to resolve the issue fail.

The laws of England apply to interpreting and enforcing these Terms & Conditions, and any legal action must only be started in the courts of the county of Surrey, United Kingdom.

Official notices and communications

Any official notice should be sent in writing, either by email to hello@montrosemakers.co.uk or by post to 5 Marlpit Close, Edenbridge, Kent, TN8 6BE.

Any official notice to you will be sent by email or by post to the email or postal address provided by you at the time of your Order.

Transferring rights and obligations

We may transfer/assign our rights and obligations under these Terms & Conditions to another person or business. If we choose to do this, we will inform you by email.

However, you do not have any right to transfer your rights or obligations under these Terms & Conditions without our written approval.

No third party rights

These Terms & Conditions are a contract between you and us. No other third party has any rights to enforce the terms except as specifically stated in these Terms & Conditions. 

However, if you gift a Product or buy it on behalf of someone else, you may transfer the guarantee given under the “Our quality guarantee” section to the recipient.

Changes to these Terms & Conditions

We may make changes to these Terms & Conditions without informing you. If we update, amend or make any changes to these Terms & Conditions or any documents or policies referred to in them, those changes will be posted on the website and apply immediately.

If you continue to use our Site and purchase Products following the posting of changes to these Terms & Conditions, that means you accept those changes. Please check the terms before every purchase.

If changes to our Terms & Conditions affect any of your existing Orders with us, we will notify you by email. You will then have an option to accept the changes or cancel your Order for a full refund.

Contacting us

For any questions, comments, or concerns regarding these Terms & Conditions or any purchase, please contact us a hello@montrosemakers.co.uk