Terms & conditions
SALE OF GOODS & SERVICES
These conditions shall apply to all contracts for the sale of goods or supply of services by Rabbit and Bear to the Customer to the exclusion of all other terms and conditions including any terms and conditions which the buyer may purport to apply under any purchase order, confirmation of order or similar document.
All orders for goods or services shall be deemed to be an offer by the Customer to purchase goods or services pursuant to these conditions. Acceptance of delivery of the goods shall be deemed conclusive evidence of the Customers’ acceptance of these conditions. Any variation to these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Rabbit and Bear.
The display of goods on the Rabbit and Bear website amounts to an invitation to treat only and is not an offer to sell goods or products at any price indicated. No contract will be deemed to exist between the Customer and Rabbit and Bear unless confirmation has been sent by Rabbit and Bear and payment has cleared. Rabbit and Bear is free to withdraw from any prospective contract prior to acceptance. This also applies in the case of any error or inaccuracy in the price and description of any goods.
Orders are only accepted and activated upon receipt by Rabbit and Bear of the full amount of the order. If payment is via Bank Transfer, Rabbit and Bear must receive cleared funds before goods are released.
PRICE & DELIVERY
Bespoke furniture & artwork are quoted for on request. Rabbit and Bear will be delighted to quote for export packing, freight and insurance to any overseas destination but reserves the right, with prior agreement of the client, to charge any additional charges to the client’s credit card should the shipping charges subsequently exceed the original quotation. Export quotes are valid for a period of 30 days. All goods are usually complete and ready within a 2 to 12 week lead time from point of order (cleared funds) to point of dispatch for stock items, 16 weeks for bespoke items.
Rabbit and Bear reserves the right at their discretion to make an additional charge dependent on time taken to clear or to refuse to deliver goods. All other UK and international shipping fees if applicable must be paid prior to dispatch of goods from our warehouse. UK delivery fees are published in the Rabbit and Bear Retail Price List.
DAMAGE TO GOODS IN TRANSIT
Damage must be notified in writing within five days of the date of delivery. If clients are not able to fully check products on receipt, the carrier’s documentation should be endorsed ‘unexamined’. In the event of the non-delivery of the whole or part of the consignment, the Customer must notify Rabbit and Bear within ten days of date of dispatch. Failing such notification the Customer shall be liable for the value of the consignment in the event that the carrier will not accept any claims.
REJECTION OR NON ACCEPTANCE OF GOODS
The Customer shall return to Rabbit and Bear at the expense of the Customer any goods ordered by him whom he seeks on any ground whatsoever to reject or refuses to accept. If he shall fail to do so, the Customer shall not be entitled to reject (or refuse to accept) such goods. The Customer shall be liable for any loss of or damage to the goods taking place whilst in the possession of the Customer or in the course of their return to Rabbit and Bear head office address. The return of the goods to Rabbit and Bear shall not in itself entitle the Customer to reject them and shall not affect Rabbit and Bear rights defined by the Consumer Transaction Restrictions on Statements Order 1976. The statutory rights of the Customer are not affected by these conditions.
CANCELLATIONS, REFUNDS & RETURNS
For sales online to private consumers via the Rabbit and Bear website and orders taken by any distance method the Customer may, under certain circumstances, have a right to cancel under the Consumer Protection (Distance Selling) Regulations 2000. If the goods are stock items and not bespoke or specially made to order then the Customer can cancel the order and return goods to Rabbit and Bear within 7 working days starting from the day of delivery. Goods must be returned to Rabbit and Bear at the Customer’s expense, be unused, unopened and undamaged. The Customer shall be responsible for any damage caused in transit during return and should ensure adequate insurance. Upon safe receipt of the goods a refund will be issued to the Customer’s account which will include the original cost of delivery. Customers wishing to return items must immediately notify us in writing by e-mail to [email protected]
The above right to cancel does not apply to any goods made to customer’s specifications or bespoke items. Many of Rabbit and Bear’ goods can be personalised or are bespoke so please ensure the goods ordered are suitable for your requirements. All hand painted items are deemed to be a special order and cannot be returned unless faulty.
If any items purchased, stock or bespoke, are damaged or faulty the Customer must notify us immediately so that we may investigate and attempt to remedy the situation in accordance with the Sale of Goods Act and without affecting your statutory rights. Items on sale are non-refundable.
Rabbit and Bear reserve the right to allow its artists ‘artistic license’. The artist will always try and paint to the Customer’s requirements but exact replicas cannot always be guaranteed and are thus not grounds for non-acceptance of products.
Due to the hand crafted nature of many of our products, size, colour and texture may vary slightly. All specifications, drawing and particulars of weights and dimensions are subject to some variations on occasion and the descriptions and illustrations contained in the Rabbit and Bear website, catalogues, price lists and other advertising material are intended to present a general idea of the goods described therein.
Until Rabbit and Bear has been paid in full for goods, property in such goods shall remain Rabbit and Bear’, although risk passes to the purchaser at time of delivery.
The Customer acknowledges that his/her order is not placed with Rabbit and Bear and that he/she has not entered into any contract with Rabbit and Bear in reliance on any representation made by Rabbit and Bear or on its behalf save only such representation (if any) as has been notified in writing to Rabbit and Bear as being a representation on which reliance is placed. All specifications, drawing and particulars of weights and dimensions are subject to some variations on occasion and the descriptions and illustrations contained in the Rabbit and Bear catalogues, price lists and other advertising material are intended to present a general idea of the goods described therein, and none of these shall form part of the contract. Rabbit and Bear reserves the right where necessary to supply items of similar quality but differing design and appearance to that shown in the brochure.
All goods are held at our warehouse at the owners own risk. Four weeks free storage from date of advice of completion of order is included in the purchase price – thereafter, storage may be charged at Rabbit and Bear discretion.
The customer shall indemnify Rabbit and Bear against all claims for personal injury, loss or damage to property brought against Rabbit and Bear by third parties in respect of the Products unless such injury, loss or damage is solely attributable to the negligence of Rabbit and Bear, its employees or agents.
Rabbit and Bear’ liability in terms of these Conditions is in lieu of and to the exclusion of all other warranties, conditions or obligations expressed or implied whether statutory or otherwise in relation to the quality or description of the Products or their fitness for any particular purpose or in relation to sales by sample. Rabbit and Bear’s liability (howsoever arising and including any liability for any indirect or consequential loss) shall not under any circumstances exceed the price payable to Rabbit and Bear for the Products hereunder. The above restrictions are necessary to enable the Products to be sold at the prices specified in this agreement.
Rabbit and Bear is not currently VAT registered so no VAT will be added and therefore there is no VAT discount for overseas orders.
All Rabbit and Bear products carry a product guarantee of 5 years from the date of purchase with the exception of claims that arise out of damage caused by the Customer. Claims need to be substantiated by photographic evidence. Rabbit and Bear will use reasonable efforts to fix any item that has been damaged as a result of a design defect and/or replace the item in question.
If the Customer makes default in or commits any breach of any of the Customer’s obligations or if any distress or execution is levied upon the Customer, the Customer’s property or assets or if the Customer makes or offers to make any arrangement or composition with creditors or commits any act of bankruptcy, or if any petition or receiving order in bankruptcy is presented or made against the Customer, or if the Customer is a limited company and any resolution or petition to wind up such company is passed or presented (otherwise than that for reconstruction or amalgamation) or if a receiver or such company’s undertaking property or assets thereof is appointed, then Rabbit and Bear shall (without prejudice to any claim or right it might otherwise make or exercise) have the right forthwith to determine the contract by summary notice.
Rabbit and Bear shall retain the copyright and all other intellectual property rights in respect of the designs and goods to be sold, including the copyright of the designs, drawings and paintings appearing on the goods. The Customer shall not copy or reproduce in any form such goods (or parts thereof) or such designs, drawings and paintings appearing thereon (except to the extent that Rabbit and Bear shall copy at the request of the Customer a work, the copyright of which belongs to the Customer or any other party). In any case where the Customer shall request Rabbit and Bear to copy or reproduce a design or other work supplied by the Customer, the Customer confirms, undertakes and warrants that the copying or reproduction of such works does not infringe copyright or other intellectual property rights of any other parties, that the Customer is lawfully entitled to commission a copy or reproduction of such work and that the Customer shall indemnify and keep indemnified Rabbit and Bear against all losses and liabilities incurred by Rabbit and Bear pursuant to or arising out of claims by other parties that their copyright or other intellectual property rights have been infringed by such copying or reproduction. Where the goods are sold under a consumer transaction (as defined by the Consumer Transaction (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these conditions. The Rabbit and Bear website and its content are copyright of Rabbit and Bear of. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than by downloading to a local hard disk extracts for your personal and non-commercial use only. Distribution or commercial exploitation is not permitted without Rabbit and Bear consent.
GOVERNING LAW AND JURISDICTION
The contract shall be governed by the laws of England and Wales and the Customer agrees to submit to the non-exclusive jurisdiction of the English courts.