Terms & Conditions

Freerain is a trading name of Rototek Ltd, Company number 07454710

www.freerain.co.uk is operated by Gusto Direct Ltd Company registration number: 03521704

1 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 agree to buy from the Seller

1.5 “Public Sector Body” means Local Councils, Schools, NHS, Police or any other public sector body

1.6 “Seller” means Rototek Ltd that owns and operates www.freerain.co.uk

1.7 “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller

1.8 “Website” means www.freerain.co.uk

“Working Days” means 9.00am – 5.00pm Monday to Friday excluding Bank Holidays and English Public Holidays

2 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.

2.5 Any complaints should be addressed to the Seller’s address stated in clause 1.6.

3 Ordering

3.1 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the checkout process section within the Website.

3.2 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.

3.3 All Goods shown on the Seller’s Website are subject to availability. 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. The Seller will confirm the order by sending a confirmation email as detailed in clause 4.4 below. For the avoidance of doubt a contract between the Buyer and Seller will only be formed once the Seller sends a confirmation email.

4 Price and Payment

4.1 The price of the Goods shall be that stipulated on the Website from time to time. The price is exclusive of VAT.

4.2 The total purchase price, including VAT and delivery charges, will be displayed in the Buyer’s shopping cart prior to confirming the order.

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 All successful orders placed via the website will be confirmed by email. Therefore the responsibility of specifying a valid email address in the checkout process is the responsibility of the Buyer. If the Buyer does not receive a confirmation email, the Buyer must contact the Seller to confirm the status of the order.

4.5 In the case of business customers and Consumer sales (but not Public Sector Bodies), payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.

4.6 Prices for the Seller’s Goods may change from time to time, but changes will not affect any order which the Seller has confirmed with a confirmation email.

4.7 The price of the Goods is exclusive of VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of the Buyer’s order and the date of delivery, the Seller will adjust the VAT the Buyer pay, unless the Buyer has already paid for the Goods in full before the change in VAT takes effect.

4.8 Delivery charges are calculated before completing an order by utilising the delivery charges and costs button to calculate the charge for delivery. Some Goods sold on the Website will include the delivery price, this is clearly indicated when utilising the delivery charges and costs button.

4.9 The Seller’s Website contains a large number of Goods. It is always possible that, despite the Seller’s best efforts, some of the Goods on the Seller’s site may be incorrectly priced. The Seller will normally check prices as part of the Seller’s dispatch procedures so that:

4.9.1 where the Goods’ correct price is less than the price stated on the Seller’s Website, the Seller will charge the lower amount when dispatching the Goods to the Buyer. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by the Buyer as a mispricing, the Seller does not have to provide the Goods to the Buyer at the incorrect (lower) price; and

4.9.2 if the Goods’ correct price is higher than the price stated on the Seller’s Website, the Seller will contact the Buyer as soon as possible to inform the Buyer of this error and the Seller will give the Buyer the option of continuing to purchase the Goods at the correct price or cancelling the order. The Seller will not process the Buyer’s order until the Seller has the Buyer’s instructions. If the Seller is unable to contact the Buyer using the contact details provided during the order process, the Seller will treat the order as cancelled and notify the Buyer in writing.

4.10 If the Buyer is a Consumer the Buyer can only pay for Goods using a debit card or credit card. The Seller accepts the following cards: Mastercard, Visa Credit, Visa Debit, Visa Electron.

4.11 If the Buyer is a business customer, payment can be made by BACS or by cheque provided that the Buyer’s purchase order has been provided to the Seller in advance, the Seller will then provide a pro-forma invoice to the Buyer. No Goods will be dispatched until payment has cleared into the Seller’s account.

5 Rights of Seller

5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

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.

6 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.

7 Warranty

7.1 The Seller warrants that the Goods will at the time of dispatch correspond in all material respects 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, commonlaw or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.

8 Delivery

8.1 The Seller will endeavour to dispatch all orders, within 5 – 7 Working Days if the order is received before 12pm, Monday – Friday.

8.2 Goods will normally be delivered with 5 – 7 Working Days of despatch of the order. If Goods have not been received by the Buyer after 7 Working Days, the Buyer must contact the Seller by email: sales@freerain.co.uk or telephone: 01636 614713.

8.3 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.

8.4 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.

8.5 It is at the Sellers discretion as to which carrier service is used to dispatch the Goods.

8.6 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.

8.7 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.

8.8 Delivery charges apply to UK mainland only – further on application.

9 Cancellation and Return

Damaged Goods

9.1 The Buyer shall inspect the goods immediately upon receipt and shall notify the Seller Email: sales@freerain.co.uk or Telephone: 01636 614713 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.

Returns Policy

9.2 Where a claim of defect or damage is made it is the responsibility of the Buyer to return the goods to the Seller. The cost of returning the goods shall be refunded along with the costs of the product or alternatively the Buyer will be entitled to a replacement product and a refund of the cost of returning the goods.

9.3 Goods to be returned must clearly show the order number obtained from the Seller within the packaging.

9.4 Where the 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.

Cancellation if the Buyer is a Consumer

9.5 If the Buyer is a Consumer, the Buyer has a legal right to cancel the Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 9.7. This means that during the relevant period if the Buyer changes their mind or for any other reason decides they do not want to keep the Goods, the Buyer can notify the Seller of its decision to cancel the Contract and receive a refund. Advice about the Buyer’s legal right to cancel the Contract under these regulations is available from local Citizens' Advice Bureaux or Trading Standards offices.

9.6 However, this cancellation right does not apply in the case of any made-to-measure or custom-made Goods;

9.7 The Buyer’s legal right to cancel a Contract starts from the date the Contract is formed which is when the Seller sends a confirmation email. The right to cancel the Contract ends 7 (seven) working days from the day after the day the Buyer receives the Goods. Working days means that Saturdays, Sundays or public holidays are not included in this period.

9.8 To cancel a Contract, the Buyer must contact the Seller in writing by sending an e-mail to sales@freerain.co.uk. The Buyer may wish to keep a copy of the cancellation notification for their records.

9.9 The Buyer will receive a full refund of the price paid for the Goods (including delivery charges). THE BUYER IS RESPONSIBLE FOR ANY DELIVERY CHARGES PAID TO RETURN THE GOODS TO THE SELLER AND THE SELLER WILL NOT BE LIABLE TO REFUND THESE TO THE BUYER. The Seller will process the refund due to the Buyer as soon as possible and, in any case, within 30 calendar days of the day on which the Buyer gave the Seller notice of cancellation.

9.10 If the Buyer requires cancellation of the order this will only be accepted at the sole discretion of the Seller. Acceptance by the Seller of any cancellation by the Buyer will only be binding upon the Seller if it is made in writing.

9.11 For business customers and Public Sector Bodies, if the order is cancelled (for any reason) the Buyer will be liable for any costs (both direct and consequential) incurred or committed to by the Seller up to the date of cancellation.

9.12 If the Buyer cancels the Contract they must return the Goods as soon as possible and must maintain the Goods in the state and condition as when delivered to them.

10 Limitation of Liability if you are a Business

This clause 10 only applies if you are a Business Customer

10.1 The Seller supplies the Goods for internal use by the Buyer, and the Buyer agrees not to use the Goods for any re-sale purposes.

10.2 Nothing in these Terms and Conditions limit or exclude the Seller’s liability for:

10.2.1 death or personal injury caused by its negligence;

10.2.2 fraud or fraudulent misrepresentation;

10.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

10.2.4 defective products under the Consumer Protection Act 1987.

10.3 Subject to clause 10.2, the Seller will under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

10.3.1 any loss of profits, sales, business, or revenue;

10.3.2 loss or corruption of data, information or software;

10.3.3 loss of business opportunity;

10.3.4 loss of anticipated savings;

10.3.5 loss of goodwill; or

10.3.6 any indirect or consequential loss.

10.4 Subject to clause 10.2 and clause 10.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods.

10.5 Except as expressly stated in these Terms and Conditions, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

11 Limitation of liability if you are a Consumer

This clause 11 only applies if you are a Consumer.

11.1 If the Seller fails to comply with these Terms and Conditions, the Seller is responsible for loss or damage the Buyer may suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

11.2 The Seller only supplies the Goods for domestic and private use. The Buyer agrees not to use the Goods for any commercial, business or re-sale purposes, and the Seller has no liability to the Buyer for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.3 The Seller does not in any way exclude or limit liability for:

11.3.1 death or personal injury caused by the Seller’s negligence;

11.3.2 fraud or fraudulent misrepresentation;

11.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

11.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

11.3.5 defective products under the Consumer Protection Act 1987.

12 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 control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a nature source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

13 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.

14 Other important Terms

14.1 The Seller may transfer their rights and obligations under a Contract to another organisation, but this will not affect the Buyer’s rights or the Seller’s obligations under these Terms and Conditions.

14.2 The Buyer may only transfer its rights or its obligations under these Terms to another person if the Seller agrees in writing.

14.3 This contract is between the Buyer and the Seller. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

14.4 Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

14.5 If the Seller fails to insist that the Buyer performs any of its obligations under these Terms and Conditions, or if the Seller does not enforce its rights against the Buyer, or if the Seller delays in doing so, that will not mean that the Seller has waived their rights against the Buyer and will not mean that the Buyer does not have to comply with those obligations. If the Seller does waive a default by the Buyer, the Seller will only do so in writing, and that will not mean that the Seller will automatically waive any later default by the Buyer.

14.6 If the Buyer is a Consumer, please note that these Terms and Conditions are governed by English law. This means a Contract for the purchase of Goods through the Seller’s site and any dispute or claim arising out of or in connection with it will be governed by English law. The parties agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if the Buyer is a resident of Northern Ireland the Buyer may also bring proceedings in Northern Ireland, and if the Buyer is resident of Scotland, the Buyer may also bring proceedings in Scotland.

14.7 If the Buyer is a business, these Terms and Conditions are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. The parties agree to the exclusive jurisdiction of the courts of England and Wales.

Freerain is a trading name of Rototek Ltd and operated by Gusto Direct Ltd
Company registration no. 07454710 (England & Wales | VAT no. GB116901824

Telephone sales 0845 1250 000 email sales@gustodirect.co.uk