Terms & Conditions

DEFINITIONS

1.1 'Buyer' means the individual or organisation who buys or agrees to buy the Goods from the Seller. 1.2 'Consumer' shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977. 1.3 'Contract' means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions. 1.4 'Goods' means the articles that the Buyer agrees to buy from the Seller. 1.5 'Seller' means Arora Design Limited of No 20, Craycombe Farm, Evesham Road, Fladbury, Worcestershire WR10 2QS. 1.6 'Terms and Conditions' means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.



CONDITIONS

2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer. 2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer. 2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions. 2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.



PRICE AND PAYMENT

4.1 The Price of the Goods shall be that stipulated on the Seller's Website. The Price is inclusive of VAT and delivery charges as quoted. 4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer's shopping cart prior to confirming the order. This is applicable to the UK only, Overseas buyers should contact Arora to verify shipping costs. 4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer. 4.4 In the case of consumer sales, payment of the Price plus VAT and delivery charges must be made in full before dispatch of the Goods.



ORDERING

3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason. 3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.



RIGHTS OF SELLER

5.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion. 5.2 The Seller reserves the right to withdraw any goods from the Website at any time. 5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.



AGE OF CONSENT

6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods. 6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.



WARRANTY

The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.



DELIVERY

10.1 Goods supplied within the UK will normally be delivered within 7 working days of acceptance of order. 10.2 Goods supplied outside the UK will normally be delivered within 28 working days of acceptance of order. 10.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund. 10.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date. 10.5 Delivery of the Goods shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. 10.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.



CANCELLATION AND RETURN

11.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by both e-mail and post within 7 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods. 11.2 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective. 11.3 In the event of a cancellation the goods must be returned by the Buyer and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any, and return postal charges) on receipt of the goods by the Seller. 11.4 Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.



LIMITATION OF LIABILITY

8.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever. 8.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.



WAIVER

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.



FORCE MAJEURE

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.



SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be$severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had feen agreed with the invalid illegal or unenforceable provision eliminated.



CHANGES TO TERMS AND CONDITIONS

The Seller shall be entitled to alter these Terms and Conditions at any time. but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.



GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.



PRIVACY

Who We Are

Arora Design Limited (‘we’ or ‘us’ or ‘our’) gather and process your personal information in accordance with this privacy notice and in compliance with the relevant data protection Regulation and law. This notice provides you with the necessary information regarding your rights and obligations, and explains how, why and when we collect and process your personal data.

Arora Design’s registered office is at No 20 Craycombe Farm, Evesham Road, Fladbury, Worcestershire WR10 2QS and we are a company registered in England and Wales under company number 4188602. Our designated Appointed Person for the organisation is Debbie Waters, and we can be contacted at No 20 Craycombe Farm, Evesham Road, Fladbury Worcestershire WR10 2QS

Information That We Collect

Arora Design processes your personal information to meet our legal, statutory and contractual obligations and to provide you with our products and services. We will never collect any unnecessary personal data from you and do not process your information in any way, other than already specified in this notice.

The personal data that we collect from you is: -

  • Name
  • Home Address
  • Personal Email
  • Business Email
  • Home Telephone Number
  • Business Telephone Number
  • Mobile Telephone Number

We collect information in the below ways: -

  • On Line newsletter subscription
  • Website Orders
  • Contact us page

How We Use Your Personal Data (Legal Basis for Processing)

Arora Design takes your privacy very seriously and will never disclose, share or sell your data without your consent, unless required to do so by law. We only retain your data for as long as is necessary and for the purposes specified in this notice. Where you have consented to us providing you with promotional offers and marketing, you are free to withdraw consent at any time. The purposes and reasons for processing your personal data are detailed below: -

  • We collect your personal data in the performance of a contract or to provide a service and to ensure that orders are completed and can be sent out to your preferred address
  • We collect and store your personal data as part of our legal obligation for business accounting and tax purposes
  • We will occasionally send you marketing information where we have assessed that it is beneficial to you as a customer and in our interests. Such information will be non-intrusive and is processed on the grounds of legitimate interests

Your Rights

You have the right to access any personal information that Arora Design Limited processes about you and to request information about: -

  • What personal data we hold about you
  • The purposes of the processing
  • The categories of personal data concerned
  • The recipients to whom the personal data has/will be disclosed
  • How long we intend to store your personal data for
  • If we did not collect the data directly from you, information about the source

If you believe that we hold any incomplete or inaccurate data about you, you have the right to ask us to correct and/or complete the information and we will strive to update/correct it as quickly as possible; unless there is a valid reason for not doing so, at which point you will be notified.

You also have the right to request erasure of your personal data or to restrict processing in accordance with data protection laws, as well as to object to any direct marketing from us and to be informed about any automated decision-making that we use.

If we receive a request from you to exercise any of the above rights, we may ask you to verify your identity before acting on the relevant request; this is to ensure that your data is protected and kept secure.

Sharing and Disclosing Your Personal Information

We do not share or disclosure any of your personal information without your consent, other than for the purposes specified in this notice or where there is a legal requirement.

Safeguarding Measures

Arora Design takes your privacy seriously and we take every reasonable measure and precaution to protect and secure your personal data. We work hard to protect you and your information from unauthorised access, alteration, disclosure or destruction.

Transfers Outside the EU

Arora Design Limited utilises some products or services (or parts of them) that may be hosted in non-EU countries, which means that we may transfer any information which is submitted by you through the website outside the European Economic Area ("EEA") for the below purposes: -

  • Website Hosting
  • Email Servers
  • Marketing database (i.e. MailChimp) etc)

Therefore, when you use our website/send us an email/sign up to our newsletter etc, the personal information you submit may be stored on servers which are hosted outside the EAA. Where this is the case, we will take steps to ensure that those providers use the necessary level of protection for your information and protect your data and comply with the relevant data protection laws.

Consequences of Not Providing Your Data (if relying on statutory or contractual requirement basis)

You are not obligated to provide your personal information to Arora Design Limited, however, as this information is required for us to provide you with our services/deliver your products/legitimate interests, we will not be able to offer some/all of our products or services without it.

How Long We Keep Your Data

Arora Design Limited only ever retains personal information for as long as is necessary and we have review and retention policies in place to meet these obligations. We are required under UK tax law to keep your basic personal data (name, address/business address, contact details) for a minimum of 6 years after which time it will be destroyed.

Where you have consented to us using your details for direct marketing, we will keep such data until you notify us otherwise and/or withdraw your consent.

Lodging A Complaint

Arora Design Limited only processes your personal information in compliance with this privacy notice and in accordance with the relevant data protection laws. If, however you wish to raise a complaint regarding the processing of your personal data or are unsatisfied with how we have handled your information, you have the right to lodge a complaint with the supervisory authority.

Arora Design Limited

Debbie Waters

No 20 Craycombe Farm, Evesham Road, Fladbury, Worcestershire WR10 2QS

T: 01386 861666 E: debbie@arora-design.co.uk

Imformation Commisioners Office

T: 0303 123 1113