Terms and Conditions
Terms and Conditions of Website Use
Welcome to the www.kirkbydesign.com website. The website is owned and operated by Romo Limited, Registered office: Oddicroft Lane, Sutton-in-Ashfield, Nottingham, NG17 5FB, Registered number: 385709
By accessing the www.kirkbydesign.com website you agree to the following terms. If you do not agree to the following terms, please note that you are not allowed to use the site.
Conditions of use
The contents of this website are intended solely for personal, non commercial use and are displayed solely for the purpose of promoting our products and services. You are permitted to download or print pages from the website as a record of your visit provided you do not reproduce or publish, transmit, distribute, display, modify or otherwise exploit any such material without prior approval of Romo Ltd.
All content included on this website (including, but not limited to, logos, images, photos, designs, graphics and text) is the property of Romo Ltd and as such is protected by UK and international copyright and other intellectual property laws.
Any unauthorised reproduction or copying of the products or images featured on this website and belonging to Romo Ltd may result in legal action.
Romo is a member of ACID – Anti Copying In Design. For more information please visit www.acid.eu.com
Accuracy of content
While we take all reasonable efforts to ensure information provided on our website is accurate, in particular the product detail and description, all material displayed is provided by way of information only, and you should verify the product with your local stockist before placing an order.
Damage to your computer
Whilst we take all reasonable steps to ensure this website is free from viruses or defects, we cannot guarantee against harmful attacks, and we do not accept liability for any possible viruses. It is your responsibility to ensure appropriate safeguards are in place before downloading any information from this website. Romo Ltd will not be liable to any person for any loss or damage which may occur to computer equipment as a result of using this website.
Terms and Conditions of Sale
This page tells you the legal terms and conditions (Terms) on which we (Romo Limited) sell products listed on this website to you.
Please read these Terms carefully. It is a condition of placing an order with us that you confirm that you have read, understood and agree to them. If you refuse to accept these Terms, you will not be able to order any products from our website.
We may revise these Terms from time to time. Every time you order any products from us, the Terms in force at that time will apply to the contract between you and us. These Terms set out the whole of our agreement and will not be varied without our written consent.
About us and how to contact us
Romo Limited is a limited liability company registered in the United Kingdom. Our registered office address is Romo Limited, Oddicroft Lane, Sutton-in-Ashfield, Nottingham, NG17 5FB.
If you have any questions or if you have any complaints, please contact us by telephoning our customer service team at 01623 756699 or by e-mailing us at firstname.lastname@example.org.
If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by pre-paid post to our registered address above. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us when you place your order.
Please note that Samples ordered through our website are intended as a representation of the colour and texture of a fabric or wallpaper, and may not show the full design.
We aim to display the colours accurately, although we cannot guarantee that your computer’s display shows the true colours of our fabrics and wallpapers. The Samples sent to you may, therefore, vary slightly from the images on our website. All images on our website are for illustrative purposes only.
Every effort is made to ensure that the fabrics and wallpapers we supply correspond as closely as possible to our Samples. However, variations in colour between batches may occur from time to time during normal manufacturing processes. We cannot guarantee that any fabrics or wallpaper that we subsequently supply will match exactly the Samples sent to you.
If a particular shade is critical, then please contact your local interior designer/retailer to order a stock sample (a sample taken from a reserved roll of current stock).
All Samples of materials shown on our website are subject to availability.
Acceptance or refusal of your order
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, order acceptance and completion of the contract will only occur when we send you an e-mail that confirms that the products have been dispatched (Dispatch Confirmation).
If we are unable to supply you with a the product, for example because the product is not in stock or no longer available we will inform you of this by e-mail and we will not process your order. If you have already paid for the product, we will refund you the full amount as soon as possible.
Price of products and delivery charges
The prices of the products will be as quoted on our website from time to time and doesn’t include the cost of delivery. Prices for our products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
The price of a product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
We take all reasonable care to ensure that the prices of products are correct at the time when the relevant information was entered onto the system. It is always possible that, despite our reasonable efforts, some of the products on our website may be incorrectly priced. If we discover an error in the price of any product you have ordered we will contact you as soon as possible to inform you of the error and we will give you the option of continuing to purchase the products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if a pricing error is obvious and could have reasonably been recognised by you as a mispricing, we do not have to provide the product to you at the incorrect (lower) price.
Products will usually be delivered to the address given when the order was placed within 3 to 4 days from the date of your order.
You will become the owners of the products you have ordered when they have been delivered to you. Once they have been delivered to you they will be held at your own risk and we will not be liable for their loss or damage.
How to pay
You can only pay for products using a debit card or credit card. All payments must be made in advance, but we will not charge your debit card or credit card until we dispatch your order.
All transactions are secured by 256 bit SSL encryption when communicating with the server. This can be seen by the use of ‘https’ in the website address and the padlock icon / green text used next to the website address in the browser. Depending on your browser software, by clicking on the padlock icon you may be able to see details of our security certificate issued by GlobalSign to Romo Limited.
We do not store or process credit card details on our own systems. Any credit card details you provide are processed by our payment provider, SecureTrading. SecureTrading hold and process any credit card details provided. Once a transaction is complete we may hold a reference to the credit card used, which is held against your account details. This then allows you to use the same card again in any subsequent transactions. As we do not store or directly handle any credit card data we are PCI compliant at SAQ level A.
Cancellations, returns and refunds
If you are a consumer, you have a legal right to cancel your order / contract with us for the products you order under the Consumer Protection (Distance Selling Regulations 2000). This means that, up to the seventh working day after you receive the products, if you change your mind or for any other reason you decide you do not want to keep a product, you can notify us of your decision to cancel the order / contract and receive a refund.
Please note that this cancellation right does not apply in the case of any made-to-measure or custom-made products.
To cancel an order / contract, you must contact us in writing quoting your order number by sending an e-mail to email@example.com or by sending a letter to Customer Services, Romo Limited, Oddicroft Lane, Sutton-in-Ashfield, Nottingham, NG17 5FB. You may wish to keep a copy of your cancellation notification for your own records.
If you decide to cancel your order / contract then you must send the products back to the address above at your own cost and risk.
Once you have notified us that you are cancelling your order / contract, we will refund any monies already paid by you (but not the cost of returning the products to us) as soon as possible and in any event within 30 days of your order. We will refund you on the credit card or debit card used by you to pay for the products. If you do not return the products or do not pay the costs of returning the products, we shall be entitled to deduct the direct costs of recovering the products from the amount to be credited to you.
These Terms do not affect your other legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
If the products we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, our only obligation will be, at your option to either to make good any shortage or non-delivery; to replace any goods that are damaged or defective; or to refund to you the amount paid by you for the goods in question.
Except where we cannot legally exclude or limit our liability we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, business or goodwill or for any indirect or consequential loss, damage or expenses howsoever arising under or in connection with the contract; 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 products in question.
Nothing in these Terms shall limit or exclude any liability which cannot be lawfully excluded or restricted. Nothing in these Terms affects your legal rights as a consumer.
All designs, images, graphics and other materials are the property of Romo Limited. You must not make copies of any Romo materials without our express prior written permission.
Other important terms
These Terms, and any contract between us, are only in the English language.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
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 do not 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.
Any contract between you and 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.