The Linen Department Online Purchases - Terms and Conditions
The Linen Department - Terms and Conditions
The contract between us:
Before we can accept your order we need to have received your full payment via WorldPay. Once we have received your payment we will confirm that your order has been received by sending an email to you at the email address you provide in your order form. Our acceptance of your order creates a legally binding contract between us.
Our right to refuse your order
We reserve the right to refuse your order for any reason, whether or not payment has been received by us, if:
- we have run out of stock for the goods you have ordered
- we do not do standard delivery to your area
- one or more of the goods you ordered was listed at an incorrect price due to a typographical error or a mistake in the pricing information that we have received from our suppliers
Product Descriptions
The product descriptions that we provide are to the best of our knowledge as accurate as possible; colour swatches are also as accurate as possible but the actual product may vary slightly. Some pictures, where stated are used for illustrative purposes only, actual products may differ slightly. Sizes are also as accurate as possible, the product may vary slightly.
Complaints/Faulty Goods
In the event of a complaint please contact us directly; The Linen Department will hope to resolve any issues or queries as quickly and as effectively as possible. Due to the nature of our products once they have been used we cannot accept their return; therefore please ensure that you thoroughly inspect your goods for any faults before you use them. We can only accept the return of opened items, and items older than seven days after delivery date, if they are faulty. If you wish to return faulty goods please send them back to us at our contact address at your own cost and risk. We are happy to issue full credit for goods and delivery of faulty items that we receive within 30 days of you receiving the goods; we are unable to issue credits for items that we do not receive. We are unable to exchange items that are not damaged, defective or incorrect.
In the event of us sending you a replacement for a damaged, defective or wrong item, you must return the item to us within 30 days. We reserve the right to charge the price of the replacement item to the payment card used for the original order if you do not return the item within 30 days of receiving the replacement item.
Cancellation
You can cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the day after you receive the goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
To cancel your contract you must notify us in writing or email.
If you have received the goods before you cancel your contract then please send the goods back in a pristine condition, unopened, to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery please do not unpack the goods when you receive them and send the goods back to us at our contact address at your own cost and risk as soon as possible.
Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited once the goods have been returned to us and have been inspected for any defects; payment will be processed as soon as possible and always within 30 days of your order.
If you cancel the contract but do not return the goods to us in the condition they were in when delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
Liability
If the goods we deliver are not what you ordered or are damaged, defective or the incorrect quantity, then we shall have no liability to you unless you notify us, in writing, of the problem within 10 working days of the delivery of the goods in question (except where you are dealing as a consumer within the meaning of the Unfair Contract Terms Act 1977).
If you have not received the goods that you ordered within 30 days of the date on which you ordered them, then we shall have no liability to you unless you notify us, in writing, of the problem within 40 days of the date on which you ordered the goods (except where you are dealing as a consumer).
If you notify a problem to us under this condition then at your option we will either:
make good any shortage or non-delivery;
replace or repair any goods that are damaged or defective; or
refund to you the amount paid by you for the goods in question in whatever way we choose
and we shall have no further liability to you (except where you are dealing as a consumer).
Save as precluded by law and except where you are dealing as a consumer, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under the clause above.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Notices
If you do need to notify us of a problem please ensure you do so in writing, either by email, info@thelinendepartment.co.uk, or post, 37-39 Market Place, Great Yarmouth, Norfolk, NR30 1LU.
Events beyond our control
We will have no liability to you for any failure to deliver the goods you have ordered or for any delay in doing so or any damage or defect to the goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected to the extent that they are capable of continuing in force without the unenforceable term or condition.
Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
Entire agreement
These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us except where you are dealing as a consumer. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us; and, save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
If you have any questions about this information please contact us.
