Terms and Conditions for Purchases via our Website

 

This page (together with our privacy policy) tells you information about us and the legal terms and conditions (Terms) on which we sell our furniture products (Products) listed on our website [ https://grain.co.uk/ ] (together our site) to you. 

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure you understand them, before ordering any Products from our site.  Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.

We amend these Terms from time to time as set out in clause 6 (“Our rights to make changes”). Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 28 September 2021.

 

Our terms

  1. These terms
    • These are the terms and conditions on which we supply products to you.
    • Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
  2. Information about us and how to contact us
    • We are Grain TR Limited a company registered in England and Wales. Our company registration number is 10278173 and our registered office is at Arch 43, Castle Mews, London, United Kingdom, NW1 8SX. (“Grain” “We”, “Us” or “Our”)
    • You can contact us by sending us by sending an email to [email protected] .
    • If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
    • When we use the words “writing” or “written” in these terms, this includes emails.
  3. Our contract with you
    • Our acceptance of your order will take place when we email you or otherwise notify you in writing that we accept it, at which point a contract will come into existence between you and us.
    • If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the material is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

 

  • We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
  1. Our products
    • The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website may be subject to change.
    • The packaging of the product may vary from that shown in images on our website.
  2. Your rights to make changes

If you wish to make a change to the product you have ordered please contact us in writing. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract as per clause 8.

  1. Our rights to make changes
    • We may change the product:
      • to reflect changes in relevant laws and regulatory requirements; and
      • to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
    • In addition, we may make any reasonable changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:

 

  1. Providing the products
    • The costs of delivery will be as displayed to you on our website.
    • During the order process we will let you know when we will provide the products to you:
      • If the products are goods. We will deliver them to you as soon as reasonably possible and we will contact you with an estimated delivery date, which will be within 30 days after the day on which we accept your order.
      • If the products are one-off services. We will begin the services on the date agreed with you during the order process. The completion date for the services is as told to you during the order process.
    • If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
    • If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
    • If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
    • If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract.
    • A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.

 

  • You own a product which is goods once we have received payment in full.
  • We may need certain information from you so that we can supply the products to you, for example, proof of identification. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
  • We may have to suspend the supply of a product to:
    • deal with technical problems or make minor technical changes;
    • update the product to reflect changes in relevant laws and regulatory requirements;
    • make changes to the product as requested by you or notified by us to you (see clause 6).
  • If you do not pay us for the products when you are supposed to and you still do not make payment within 2 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending the supply of the products. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 4).
  1. Your rights to end the contract
    • Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract:

 

  • If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
  • If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
  • If you have just changed your mind about the product, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
  • If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
    • we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 1(b));
    • we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
    • there is a risk that supply of the products may be significantly delayed because of events outside our control; or
    • we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days.
  • For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights are explained in more detail under the Consumer Contracts Regulations 2013.
  • You do not have a right to change your mind in respect of:
    • services, once these have been completed, even if the cancellation period is still running;
    • products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
    • any products which become mixed inseparably with other items after their delivery.
  1. How to end the contract with us
    • To end the contract with us, please let us know by doing one of the following:
      • Phone or email. Call customer services on 020 3936 9671 or email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
    • If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us Arch 43, Castle Mews, London, United Kingdom, NW1 8SX. Please call customer services on 020 3936 9671 or email us at [email protected] for a return label. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
    • We will pay the costs of return:
      • if the products are faulty or misdescribed;
      • if you are ending the contract because we have told you of an upcoming material change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or;
      • because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return. 

  1. Our rights to end the contract
    • We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms and Conditions and the contract for a product, at any time and for any reason without prior notice or liability by writing to you.
    • If we end the contract in the situation set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
    • We may write to you to let you know that we are going to stop providing the product. We will let you know at least 10 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
  2. If there is a problem with the product
    • If you have any questions or complaints about the product, please contact us. You can write to us at [email protected]
    • We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
  3. Price and payment
    • The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see clause 3 for what happens if we discover an error in the price of the product you order.
    • If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
    • It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
    • You can pay for Products using certain debit or credit cards as indicated on our site.
    • Payment for Products and all applicable delivery charges is in advance. We will not dispatch any goods until we have received your payment in full.
  4. Our Liability
    • If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
    • We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  5. How we may use your personal information

 

  1. Other important terms
    • We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
    • You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
    • This Contract is between you and us. 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.
    • Each of the paragraphs of these Terms 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.
    • If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    • 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) shall be governed by and construed in accordance with the law of England and Wales.
    • Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider.
    • We both agree that the courts of England and Wales shall have jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
    • Company Registration Information. © Copyright 2021 Grain TR ltd. Company registered in England and Wales, with company number 10278173, Arch 43, Castle Mews, London, United Kingdom, NW1 8SX. No parcels will be accepted at this address and any returns and incorrect shipping will be at cost to the sender.

 

Website Terms and Conditions

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

  1. WHAT’S IN THESE TERMS?

These terms tell you the rules for using our website https://sputnik.digital/ (our site).

  1. WHO WE ARE AND HOW TO CONTACT US
    1. https://grain.co.uk/ is a site operated by Grain TR Limited (“We”). We are registered in England and Wales under company number 08011752 and have our registered office at Arch 43 Arch 43, Castle Mews, London, United Kingdom, NW1 8SX. 
    2. To contact us, please email [email protected]
  2. BY USING OUR SITE YOU ACCEPT THESE TERMS
    1. By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
    2. If you do not agree to these terms, you must not use our site.
    3. If you purchase products from our site you will be required to enter into a separate contract with us which will govern the terms of any supply of our products.  
  3. HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our privacy policy.

  1. WE MAY MAKE CHANGES TO THESE TERMS

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. 

  1. WE MAY MAKE CHANGES TO OUR SITE

We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities.

  1. WE MAY SUSPEND OR WITHDRAW OUR SITE
    1. Our site is made available free of charge.
    2. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
    3. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
  2. OUR SITE IS ONLY FOR USERS IN THE UK

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

  1. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
    1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
    2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
    3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]
  2. HOW YOU MAY USE MATERIAL ON OUR SITE
    1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    2. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
    3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    4. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
    5. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
    6. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  3. DO NOT RELY ON INFORMATION ON THIS SITE
    1. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
    2. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
  4. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
    1. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
    2. We have no control over the contents of those sites or resources.
  5. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    1. Whether you are a consumer or a business user:
      1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
      2. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you by a third party.
    2. If you are a business user:
      1. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
      2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
        1. use of, or inability to use, our site; or
        2. use of or reliance on any content displayed on our site.
      3. In particular, we will not be liable for:
        1. loss of profits, sales, business, or revenue;
        2. business interruption;
        3. loss of anticipated savings;
        4. loss of business opportunity, goodwill or reputation; or
        5. any indirect or consequential loss or damage.
    3. If you are a consumer user:
      1. Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
      2. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
  6. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
    1. We do not guarantee that our site will be secure or free from bugs or viruses.
    2. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
    3. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
  7. RULES ABOUT LINKING TO OUR SITE
    1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
    2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    3. You must not establish a link to our site in any website that is not owned by you.
    4. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
    5. We reserve the right to withdraw linking permission without notice.
    6. If you wish to link to or make any use of content on our site other than that set out above, please contact [email protected]
  8. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
    1. If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by the laws of England Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
    2. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of England and Wales. We both agree to the exclusive jurisdiction of the courts of England and Wales.