Terms & Conditions
Roux Lifestyle Ltd (“The Company”)
Standard conditions of sale
Unless otherwise expressly agreed in writing by a Director or the Secretary of the Company, all quotations are made and orders accepted by us subject to the following printed conditions to the exclusion of any terms and conditions introduced by the Purchaser (Meaning the person, firm or company to whom the invoice is addressed) and in replacement of any earlier different sets of conditions appearing in the Company’s catalogues or elsewhere. The company reserves the right to vary these conditions of sale at any time not withstanding any prior course of dealing with the Purchaser.
(1) Whilst every effort is made to maintain firm prices, orders are only accepted on the understanding that prices may be altered at any time prior to the actual delivery to reflect any increase in manufacturing prices, duties, freight charges and insurances of premises relating to the goods themselves (meaning the articles or things or any of them described in the order).
2. Terms of payment
(1) Payments should be made either in cash when the order is placed or upon such terms as the Company may from time to time extend to the Purchaser which terms may be withdrawn by the Company at any time. If payment is not received by the Company within one month of the due date in accordance with the condition, interest will be charged on overdue accounts at the rate of 2% per calendar month.
(2) Where the goods are subject of both delivery and payment by the installments the Company shall be entitled to refuse to make further deliveries until such time as the Purchaser has paid in the full for (a) the goods already delivered and (b) any other goods at any other time supplied by the Company to the Purchaser, and in either case for which payment is overdue.
3. Risk in the Goods
The risk in the goods shall only pass to the Purchaser or the carrier nominated by the Purchaser.
4.Property in the Goods
(1) The property in the goods shall only pass to the Purchaser when good and all other goods supplied by the Company to the Purchaser have been paid for in full (including interest where applicable) and until such time the property shall remain with the Company who shall be entitled to re-delivery of the goods without thereby terminating the Purchase’s obligations hereunder.
(2) From such time as the risk passes to the Purchaser under the terms of the contract (except where insurance shall already have been effect by or on behalf of the Purchase under the terms of carriage) the Purchaser shall maintain such insurance of the goods as is normally maintained by the companies engaged in the business in which the Purchase is engaged.
It is our policy to help customers whenever possible by accepting the return of goods which are standard stock lines. Goods returned must be in perfect re-saleable condition and in their original packing, and customer must quote the invoice number on which the goods were originally supplied. There will be a restocking charge of 20% of the net invoice purchase price for this service. No return of any kind will be accepted after more than one month from the date of delivery. Special orders will only be accepted in writing and delivery periods from the manufacturer cannot be guaranteed. Cancellation of special orders will only be accepted in writing and can only be accepted prior to acknowledgement/acceptance by the manufacturer. Return of special orders for restock will not be accepted under any circumstances.
We recommend that thorough inspection of all goods is made before a signature is given on our Advice Note. No liability will be accepted by us for damaged or scratched goods once a signature has been given. In the event of any article supplied proving defective in material or workmanship, we undertake (at our option) to replace or repair such articles free of charge, which shall be the limit of our liability, provided that the complaint is made within reasonable time after delivery (3 days). We shall be under no liability whatsoever for the cost of removing, re-fixing, or any other consequential loss or damages, direct or indirect, of whatsoever nature. In case of goods supplied but not manufactured by us, the customer can claim any warranty or guarantee we may have from the makers. In no case are we to be liable for consequential damage, or reimbursement costs whatsoever of any kind. In all cases, the relevant Invoice/Advice Note number must be given before any goods will be collected. Any goods returned to us, for whatever reason, that do not conform to the above conditions will be delivered back to the customer and credit will not be passed.
Where a special price is obtained in return for the products being on display, the following conditions will also apply:
(1) The display must satisfy all the conditions laid down by the manufacturer:
- The display must be in a retail setting which is manned, in premises open to the public between 9:00am and 5:00pm, on at least five days per week.
- The display must be properly maintained for a minimum period, usually at least 12 months from the date it is first put on display to the public (not when it was delivered). After this period, the customer has the option of continuing with it, or selling it off.
(2) The product must be put on display within four weeks of delivery.
(3) Failure to comply with the above conditions will render the customer liable to the issue of a supplementary invoice, being the difference between the normal selling price and the special display price.
(1) For the purposes of these terms the expression “force majeure” shall include any Act of God, war, civil disturbance, requisitioning, governmental or parliamentary restriction, recommendation, prohibition or enactment of any kind, import or export restrictions and regulations, strikes, unfair industrial practice, trade disputes, difficulty in obtaining workmen or materials, breakdown of machinery, fire, accident, non-delivery by the Company’s suppliers or any other cause whatsoever beyond the Company’s control.
(2) The Company will not be liable for any direct or consequential loss whatsoever resulting from
(a) The Company being delayed in, or prevented from, making delivery owing to the force majeure: or
(b) Damage to or destruction of the whole or part of the goods resulting from force majeure.
In the Event of a receiver or manager or a receiver and manager being appointed over any assets of the Purchaser or the Purchasers entering into any arrangement or com position with the Purchaser’s creditors or if where the Purchaser is an individual or partnership firm that individual or any partner of that firm shall commit an act of bankruptcy or shall in Scotland become bankrupt or be sequestrated or if where the Purchaser is a corporation it shall go into Liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction) or any of its creditors applies or is entitled to apply for it to be wound up by the Court then the Company shall be at liberty forth with to cancel or suspend the contract without incurring any liability for the direct or consequential loss resulting therefrom and such suspension or cancellation shall be without prejudice the Company’s right to recover all sums in respect of goods and installments delivered and cost incurred to date of cancellation.
In the event that the Company has to meet any claims for damages or loss to third parties (including any servants or agents of the Purchaser) which relate in any way whatsoever to the goods then and without prejudice to Clause 5 and 7 hereof, the Purchaser shall at all times fully indemnify the Company against any such loss or damage.
All warranties and conditions (including those of fitness, quality and merchantability, but with the exception of the implied warranty as to title), and whether express or implied by common law or status or otherwise and whether the sale is by way of sample or description or otherwise in respect of the goods sold are expressly excluded, however the Purchaser shall be entitled to the benefit (so far as it can be transmitted to the Purchaser and is compatible with these conditions) of any warranty or condition given by the manufacturers of the goods sold, provided however that this shall not be deemed to give rise to any contractual obligation on the Company’s part.
Any representation by any representative or agent of the Company in respect of the goods or as to delivery dates shall not (unless confirmed in writing as foresaid) be binding on the Company and shall not be treated as contractual.
13. E. & O.E
Any clerical calculating or typographical errors shall be subject to correction.
Website Terms & Conditions of Use (Terms & Conditions)
The following are standard legal notices which govern the use of the Roux Lifestyle Ltd website and should be read before using the Site.
Roux Lifestyle Ltd (Co. Number 9147276) (Roux Lifestyle Ltd)
Registered Office: Roux Lifestyle Ltd, Belmont Place, Belmont Road, Maidenhead, SL6 6TB
Roux Lifestyle Ltd Website (Site)
Products or services sold or provided by Roux Lifestyle Ltd (Goods)
This website is owned and operated by Roux Lifestyle Ltd. This page (together with the documents referred to on it) tells you the Terms & Conditions of use on which you may make use of our website to browse, place orders or request brochures and other information from Roux Lifestyle Ltd, whether as a guest or a registered user.
Please read these Terms & Conditions carefully before you start to use the Site. By using our Site you indicate that you accept these Terms & Conditions and that you agree to abide by them. If you do not agree to these Terms & Conditions, please refrain from using our Site.
1. Application & Termination
1.1 By accessing this Site you are agreeing to be bound by these Terms & Conditions, along with all applicable laws and regulations. If you do not agree to be bound by any of these Terms & Conditions then please do not use this Site.
1.2 These Terms & Conditions apply to you upon your accessing this Site.
1.3 These Terms & Conditions may be changed or terminated by Roux Lifestyle Ltd without prior notice, for any reason and at any time. You agree that Roux Lifestyle Ltd has no obligation to inform you of these changes and that it is your responsibility to establish whether the Terms & Conditions have been so changed. If you disagree with any changes then you must stop using this Site immediately.
1.4 The provisions in these Terms & Conditions relating to disclaimer, copyright, trademarks, limitation of liability, indemnity, hypertext links, severance, terms and conditions for sale of goods and law and jurisdiction shall survive any termination.
2.1 Without prejudice to the statutory rights afforded to purchasers of products, the information and materials contained on this Site, including, without limitation, text, graphics and links, are provided on an ‘as is’ and ‘as available’ basis with no warranty and, in particular, Roux Lifestyle Ltd does not represent or warrant that the information accessible via this Site is accurate, complete or current, or that use of the Site is free of risk of viruses or other damage.
2.2 Price and availability information is subject to change without notice.
2.3 Products purchased from Roux Lifestyle Ltd, and related services which are provided by Roux Lifestyle Ltd are warranted in accordance with law and nothing herein is to be taken to exclude or restrict any rights which applicable law grants to consumers in respect of such products or services. Individual products may be the subject of additional warranties or guarantees given by their manufacturers directly. Such warranties or guarantees are not enforceable against Roux Lifestyle Ltd, but only against the manufacturer giving them.
2.4 Roux Lifestyle Ltd is a distributor and is not a technical expert in the field of kitchen installation. All Roux Lifestyle Ltd staff are instructed not to give any form of technical advice. If you have a technical query it should be directed to a suitably qualified professional i.e. a Gas Safe registered gas installer or a member of the Institute of Plumbing. You agree that any advice given by a member of Roux Lifestyle Ltd staff will not be relied upon without verification with a suitably qualified professional. Roux Lifestyle Ltd accepts no responsibility for any damage caused by your reliance on any such advice.
2.5 The quantity of stock shown on this Site for each item is updated on a daily basis so should be used as a guide only and it does not guarantee that stock can be allocated to an order. Whilst Roux Lifestyle Ltd will make every effort to ensure the quality shown is accurate, we cannot be held liable for any errors that may occur from time to time with regard to stock availability. Direct customers will be advised of any shortages by our sales team.
3.1 All copyright, trademarks and other intellectual property rights in the material or content of this Site shall remain at all times vested in Roux Lifestyle Ltd or its licensors.
3.2 The content of this Site is made available to you for the exclusive purposes of displaying to you a selection of the products available from Roux Lifestyle Ltd and to give you the opportunity to provide us with contact details so that Roux Lifestyle Ltd is able to contact you or send you further information.
3.3 You may only download the content of this Site in the furtherance of the purposes in the point above and to aid you in the viewing of products available from Roux Lifestyle Ltd. Any other use of the content of this Site is strictly prohibited.
3.4 You may not, either solely or jointly, with or on behalf of any other third party, directly or indirectly copy, reproduce, transmit, distribute, publish, display, commercially exploit or create derivative works of the content of this Site.
3.5 You may not change in any way any proprietary notices from material downloaded from this Site for your non-commercial personal use.
3.6 By the act of posting materials on this Site you grant Roux Lifestyle Ltd and any licensors an irrevocable, perpetual, royalty free worldwide licence to use the said materials in any manner which Roux Lifestyle Ltd sees fit. The licence will include broadcasting, editing, copying, distributing and otherwise transmitting the material.
4.1 The trademarks, logos and service marks used and displayed on this site are, unless otherwise specified, the trademarks of Roux Lifestyle Ltd. No rights are granted to use any of them without the written permission of Roux Lifestyle Ltd.
5. Limitation of Liability
5.1 Each of the sub clauses in Clause 5 is to be treated as separate or independent.
5.2 Nothing in Clause 5 shall be deemed to exclude or restrict Roux Lifestyle Ltd’ liability for death or personal injury resulting from negligence, any breach of the Consumer Protection Act 1987 or for any matter for which it would be illegal for Roux Lifestyle Ltd to exclude or to attempt to exclude liability.
5.3 Roux Lifestyle Ltd’ liability for other loss and damage resulting from negligence shall be restricted to the value of the Goods which caused the damage.
5.4 The description of the Goods contained on this Site is deemed to be exhaustive. The measurements, dimensions, weights and shades contained on the Site are an approximate guide only and do not constitute part of the description of the Goods, nor do they constitute representations by Roux Lifestyle Ltd.
5.5 You acknowledge that the Site is subject to change at the discretion of Roux Lifestyle Ltd and that you will not rely upon the information contained therein.
5.6 You agree to inform Roux Lifestyle Ltd in writing, either before or at the time of placing an order with Roux Lifestyle Ltd, of any particular purpose for which the goods are being purchased. In the absence of such written notification Roux Lifestyle Ltd is deemed not to have notice, whether express or implied, of such purpose.
5.7 Save as expressly stated herein, all Warranties and Conditions, whether expressed or implied by statute (including in particular Section 13, 14 and 15 of the Sale of Goods Act 1979), usage, trade custom or otherwise relating to the quality or nature of the Goods or their life, wear or fitness for any particular purpose or use under any specific conditions are hereby expressly excluded.
5.8 You agree that you will not make any representation regarding the quality, safety or performance of the Goods to third party purchasers unless such representations are specifically made to you by Roux Lifestyle Ltd in writing.
5.9 You warrant that you will not make or allow any third party to make modifications or alterations to the Goods other than in accordance with Roux Lifestyle Ltd’ specific written instructions.
5.10 You will indemnify Roux Lifestyle Ltd against any liability suffered by Roux Lifestyle Ltd attributable to an act or omission by you or one of your agents.
5.11 In the event that Roux Lifestyle Ltd is threatened with or involved in any legal action, whether civil or criminal, (‘The Action’), concerning Goods supplied to you by Roux Lifestyle Ltd:
5.11.1 You will, on receipt of a written demand from Roux Lifestyle Ltd, make any of the Goods available to Roux Lifestyle Ltd for inspections at such times as Roux Lifestyle Ltd may reasonably request and deliver to Roux Lifestyle Ltd copies of all documents in your custody, possession or control relating to the Goods concerned which are relevant to The Action.
5.11.2 You will assist Roux Lifestyle Ltd in avoiding or defending the action, or minimising the damage resulting from the action, including but not limited to tracing the ultimate purchasers of the Goods and hereby irrevocably appointing Roux Lifestyle Ltd as attorney for the purpose of exercising, for and on your behalf, all of your legal rights against handlers, carriers, warehouses, purchasers and other parties who had contact with the Goods.
5.12 Subject to Clause 5.2 Roux Lifestyle Ltd shall not be liable for any consequential or indirect loss suffered by you whether this loss arises from breach of a duty in contract or tort or in any other way (including loss arising from Roux Lifestyle Ltd’ negligence), whether expressed or implied.
5.13 Roux Lifestyle Ltd’ total liability for all claims arising out of any one contract shall not exceed the contract price.
6. Hypertext Links
6.1 Roux Lifestyle Ltd may provide a link from its own Site to other websites. However, you agree that Roux Lifestyle Ltd has no control over these Hypertext Links or third party website content (or any other third party link or website) and that you use these links entirely at your own risk.
6.2 Roux Lifestyle Ltd has no responsibility or liability for the content or any policies of any Hypertext Links or third party website content (or any other third party link or website) as mentioned in the point above.
7. Use of the Site
7.1 Where this Site contains bulletin boards, chat rooms or other message or communication facilities (collectively ‘Forums’), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum you shall not do any of the following:
7.1.1 defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
7.1.2 publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
7.1.3 upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
7.1.4 upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer.
7.1.5 delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
7.1.6 falsify the origin or source of software or other material contained in a file that is uploaded.
7.1.7 advertise or offer to sell any goods or services, other than if it has been agreed by Roux Lifestyle Ltd in writing in advance.
7.1.8 conduct or forward surveys, contests or chain letters.
7.1.9 download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner. You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences and other communications by other users are not endorsed by Roux Lifestyle Ltd, and such communications shall not be considered reviewed, screened or approved by Roux Lifestyle Ltd. Roux Lifestyle Ltd reserves the right, for any reason, to remove without notice any contents of the Forums received from users including, without limitation, bulletin board postings. Roux Lifestyle Ltd reserves the right to deny, in its sole discretion, any user access to this Site or any portion thereof without notice.
8.1 You agree to keep Roux Lifestyle Ltd indemnified against all actions, claims, costs, expenses (including all legal costs) and damages brought against or suffered by Roux Lifestyle Ltd arising out of any breach of these terms and conditions or any activity relating to your use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your name or any other name with which you have registered under this Site.
9. Persons under the age of 18
9.1 If you are under 18 years of age you agree that you have had your parents’ permission to send any information to us about yourself or anyone else over the internet.
9.2 Roux Lifestyle Ltd makes no representations or warranties to the effect that the contents of this Site are suitable for people under the age of 18.
10.1 If any of these terms and conditions shall, in whole or in part, be held to any extent to be illegal or unenforceable under any enactment or rule of law such provision shall, to the extent required, be severed from the Terms & Conditions and rendered ineffective as far as possible without modifying the remaining provisions of this agreement and shall not in any way affect any other circumstances or the validity or enforcement of these Terms & Conditions.
11. Law and Jurisdiction
11.1 These Terms & Conditions shall be governed by and construed in all respects in accordance with English law and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction in respect of any dispute, suit, action, arbitration or proceedings which may arise out of or in connection with these Terms & Conditions, provided that Roux Lifestyle Ltd has the right, at its sole discretion, to commence and pursue proceedings in any other jurisdiction or jurisdictions whether concurrently or not.