Terms and Conditions

TERMS AND CONDITIONS – ONLINE 

TERMS AND CONDITIONS
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply our products to you. By products, we mean any of the products that are listed on our website https://raineandjames.com.
1.2 Why you should read them. Please read these terms and conditions carefully before you submit your order to us. These terms and conditions tell you who we are, how we will provide our products, how you can change or end our contract, what to do if there is a problem and other important information that you should be aware of. If you think that there is a mistake in these terms and conditions, or if you require any other changes, please contact us as soon as possible.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Raine and James and our address is Beamish Burn Road, Stanley, County Durham DH9 0LS.
2.2 How to contact us. You can contact us by telephone at 01207 281521, by email [email protected] or by writing to us at Raine and James, Beamish Burn Road, Stanley, County Durham DH9 0LS.
2.3 How we may contact you. If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address that you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms and conditions, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Acceptance of your order will take place when we email you to confirm that the payment is received, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. 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 product is out of stock or because we have identified an error in the price or description of the product.
3.3 Your order number. 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.
3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4. OUR PRODUCTS
4.1 Our products may vary slightly from any images that you see. Any images of our products are for illustrative purposes only. Although we make every effort to display colours accurately, we cannot guarantee that any images that you see will accurately reflect the colours of our products. By agreeing to these terms and conditions, you accept that our products may vary slightly from any images that you see. All measurements when given are approximate.
4.2 Second Hand Products. Please also be aware that our products are either handmade or antique. Some items may have imperfections. Items will have signs of wear and tear associated with their age and usage. We will always do our best to draw your attention to any apparent defects when you order from us other than those that might be expected from an item’s age or previous usage.
4.3 Clocks and watches. When we sell mechanical watches and clocks as working functioning timepieces please note that these products have not been serviced and do not come with any guarantees, unless otherwise stated. We always recommend they are serviced regularly.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to any product that you have ordered, please contact us as soon as possible. We will let you know if the change is possible. If it is, we will let you know how the change affects the price and timing of supply, as well as anything else that you may need to know. We will ask you to confirm that you still wish to go ahead with the change. If we cannot make the change, or if the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8).
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to our products and these terms and conditions. We may change our products 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.
6.2 More significant changes to our products and these terms and conditions. If we need to make more significant changes to our products and these terms and conditions, we will notify you as soon as possible. You may then contact us to end the contract before the changes take effect. If you do so, you will receive a refund for any products paid for but not received.
7. PROVIDING OUR PRODUCTS
7.1 Collection only. Our products are for collection only and we will not arrange delivery of our products to you. If you are using your own courier please ensure you have adequate insurance as we are not responsible in any way for any damage caused when the product leaves our premises.
7.2 When we will provide the product. During the order process, we will let you know when the product is ready for collection. As a matter of course, we always endeavour to have our products ready for collection as soon as reasonably possible and, in any event, within 30 days after the day on which we accept your order.
7.3 We are not responsible for delays outside our control. If our supply of the product is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of any delay. Provided that 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 paid for but not received.
7.4 Collection by you. Collection will be arranged depending on the product. This will be discussed after the order is placed. For more information call us on 01207 281521. Please note that items for collection are held for 2 weeks unless prior arrangements have been made. Furniture items are held in store and 24 hours’ notice maybe required to retrieve them for collection. Items may incur a storage charge after 14 days (approx. £25 per week) where no arrangement is in place. We make reasonable effort to accommodate our customers in collecting their purchases. If items are not collected within a 3 week period they will be returned to sale and Clause 10.2 will apply.
7.5 When you become responsible for the product. The product will become your responsibility from the time you or you commissioned carrier collect the product.
7.6 When you own the product. You own the product when we have received payment from you in full.
7.7 Reasons why we may suspend the supply of our products to you. We may have to suspend the supply of our products to:
7.7.1 deal with technical problems or make minor technical changes;
7.7.2 update the product to reflect changes in relevant laws and regulatory requirements; or
7.7.3 make changes to the product as requested by you or notified by us to you (see clause 6).
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract. Specifically:
8.1.1 if what you have bought is faulty, or is not how it was described to you, you may have a legal right to end the contract or to get the product repaired or replaced (see clause 11);
8.1.2 if you want to end the contract because of something that we have done, or told you that we were going to do (see clause 8.2); and
8.1.3 if you have just changed your mind about the product (see clause 8.3).
8.2 Ending the contract because of something that we have done or something that we are going to do. If you are ending the contract for a reason set out below, the contract will end immediately and we will refund you for any product not provided. The reasons are:
8.2.1 we have told you about an upcoming change to the product or these terms and conditions that you do not agree to (please see clause 6.2);
8.2.2 we have told you about an error in the price or description of the product that you have ordered and you do not wish to proceed;
8.2.3 there is a risk that supply of the product may be significantly delayed because of events outside our control;
8.2.4 we have suspended supply of the product for technical reasons or notify you that we are going to suspend them for technical reasons; or
8.2.5 you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail below.
8.4 When you do not have the right to change your mind. You do not have a right to change your mind in respect of:
8.4.1 any product that has been personalised or custom-made for you;
8.4.2 any product sealed for health protection or hygiene purposes, once it has been unsealed after being received by you; and
8.4.3 any product that has become mixed inseparably with other items after its delivery.
8.5 How long you have to change your mind. You have 14 days after the day on which you (or someone you nominate) receives the product.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.1.1 by phone or email. Call us on 01207 281521 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; or
9.1.2 by post. Simply print off the cancellation form at the end of these terms and post it to us at the address on that form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning our products after ending the contract. If you end the contract for any reason after the product has been received by you, you accept that you must return it to us. You must either return the goods in person back to us, post them back to us at Raine and James, Beamish Burn Road, Stanley, County Durham DH9 0LS or (if they are not suitable for posting) allow us to collect them from you. Please call us or email us to arrange collection. If you are exercising your right to change your mind, you must send the product to us within 14 days of telling us that you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
9.3.1 if the product is faulty or is not how it was described to you; or
9.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms and conditions, 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.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
9.5 How we will refund you. We will refund you the price that you paid for the product by the method that you used for payment. However, we may make deductions from the price as described below.
9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
9.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.6.2 You must return the product to us undamaged, in its original condition and packaging. Any items returned which fail to comply with the above may affect our ability to issue your full refund.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
9.7.1 your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return our products, see clause 9.2.
9.7.2 in all other cases, your refund will be made within 14 days of you telling us that you have changed your mind.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
10.1.1 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; and
10.1.2 you do not, within the timescales set out in clause 7.4, collect them from us.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1, we will refund any money that you have paid in advance for the product, but we may deduct reasonable compensation for the net costs that we will incur as a result of you breaking the contract.
10.3 We may withdraw our products. We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of stopping the supply of the product and will refund you any sums that you have paid in advance for the product which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01207 281521, email us at [email protected] or write to us at Raine and James, Beamish Burn Road, Stanley, County Durham DH9 0LS, including details of what you bought, when you ordered or received it and your name and address.
11.2 Summary of your legal rights. We are under a legal duty to ensure that our products are supplied in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms and conditions will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information, please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says that goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of the product, your legal rights entitle you to the following:
i. up to 30 days: if your goods are faulty, then you can get an immediate refund.
ii. up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
iii. up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3.

11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call us to arrange collection.
12. PRICE AND PAYMENT
12.1 Where to find the price of our products. The price of our products will be the price indicated on the order pages when you placed your order with us. All prices are in pounds (£) sterling and exclusive of delivery costs. We take all reasonable care to ensure that all prices are correct.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date that we dispatch 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.
12.3 What we will do if we get the price wrong. It is always possible that, despite our best efforts, some of our products may be incorrectly priced. If we accept and process your order where a pricing error is obvious, unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums that you have paid and require the return of any products provided to you.
12.4 When and how you must pay. We accept payment with Visa, MasterCard, Switch, Maestro, Visa Delta, Visa Electron. You must pay for the product at the point of sale. We cannot accept your order until you have paid for it in full.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms and conditions, 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 that the contract was made, we both knew that it might happen.
13.2 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 as summarised at clause 11.2.
13.3 We are not liable for business losses. These products are for your own domestic and private use only. You agree not to use our products for any commercial, business or re-sale purpose and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information. We will only use your personal information as set out in our [LINK TO PRIVACY POLICY].

15. OTHER IMPORTANT TERMS
15.1 We may transfer this contract to someone else. We may transfer our rights and obligations under these terms and conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this contract.
15.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.3 If a court finds part of this contract illegal, the rest of it will continue in force. Each paragraph of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15.5 Which laws apply to this contract and where you may bring legal proceedings? These terms and conditions are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
15.6 Alternative dispute resolution. 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 submit the dispute for online resolution to the European Commission Online Dispute Resolution platform.
16. TERMS OF USE OF SITE
16.1 Our site. https://raineandjames.com/ is a site operated by Raine and James.
16.2 Access. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
16.3 Intellectual Property Rights. We are the owner or the licensee of all intellectual property rights in our site including the trade mark “Raine and James”, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the materials on our sites for commercial purposes without obtaining a licence to do so from us or our licensors. You may not reproduce in any format (including on another website) any part of our sites (including content, images, designs, look and feel) without our prior written consent. If you print off, reproduce, 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.
16.4 No reliance on Information. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. 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.
16.5 Limitation of Liability.
16.5.1 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
16.5.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
16.5.3 We will not be liable to any user 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:
(a) use of, or inability to use, our site; or
(b) use of or reliance on any content displayed on our site.
16.5.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
16.5.5 We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
16.6 Applicable Law. Please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.

TERMS AND CONDITIONS – IN STORE

TERMS AND CONDITIONS
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply our products to you.
1.2 Why you should read them. Please read these terms and conditions carefully before you purchase a products from us. These terms and conditions tell you who we are, how we will provide our products, how you can change or end our contract, what to do if there is a problem and other important information that you should be aware of. If you think that there is a mistake in these terms and conditions, or if you require any other changes, please contact us as soon as possible.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Raine and James and our address is Beamish Burn Road, Stanley, County Durham DH9 0LS.
2.2 How to contact us. You can contact us by telephone at 01207 281521, by email [email protected] or by writing to us at Raine and James, Beamish Burn Road, Stanley, County Durham DH9 0LS.
2.3 How we may contact you. If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address that you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms and conditions, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Acceptance of your order will take place when we receive payment from you, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. 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 product is out of stock or because we have identified an error in the price or description of the product.
4. OUR PRODUCTS
4.1 Second Hand Products. Please also be aware that our products are either handmade or antique. Some items may have imperfections. Items will have signs of wear and tear associated with their age and usage. We will always do our best to draw your attention to any apparent defects when you purchase a product from us other than those that might be expected from an item’s age or previous usage.
4.2 Clocks and watches. When we sell mechanical watches and clocks as working functioning timepieces please note that these products have not been serviced and do not come with any guarantees, unless otherwise stated. We always recommend they are serviced regularly.
5. OUR RIGHTS TO MAKE CHANGES
5.1 Minor changes to our products and these terms and conditions. We may change our products 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.
5.2 More significant changes to our products and these terms and conditions. If we need to make more significant changes to our products and these terms and conditions, we will notify you as soon as possible. You may then contact us to end the contract before the changes take effect. If you do so, you will receive a refund for any products paid for but not received.
6. PROVIDING OUR PRODUCTS
6.1 Collection only. Our products are for collection only and we will not arrange delivery of our products to you. If you are using your own courier please ensure you have adequate insurance as we are not responsible in any way for any damage caused when the product leaves our premises.
6.2 When we will provide the product. If the product is available in our shop you can take it home straight away. If we have to order a product in for you, we will let you know when the product is ready for collection. As a matter of course, we always endeavour to have our products ready for collection as soon as reasonably possible and, in any event, within 30 days after the day on which we accept your order.
6.3 We are not responsible for delays outside our control. If our supply of the product is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of any delay. Provided that 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 paid for but not received.
6.4 Collection by you. Collection will be arranged depending on the product. This will be discussed after the order is placed. For more information call us on 01207 281521. Please note that items for collection are held for 2 weeks unless prior arrangements have been made. Furniture items are held in store and 24 hours’ notice maybe required to retrieve them for collection. Items may incur a storage charge after 14 days (approx. £25 per week) where no arrangement is in place. We make reasonable effort to accommodate our customers in collecting their purchases. If items are not collected within a 3 week period they will be returned to sale and Clause 10.2 will apply.
6.5 When you become responsible for the product. The product will become your responsibility from the time you or you commissioned carrier collect the product.
6.6 When you own the product. You own the product when we have received payment from you in full.
6.7 Reasons why we may suspend the supply of our products to you. We may have to suspend the supply of our products to:
6.7.1 deal with technical problems or make minor technical changes;
6.7.2 update the product to reflect changes in relevant laws and regulatory requirements; or
6.7.3 make changes to the product as requested by you or notified by us to you (see clause 5).
7. YOUR RIGHTS TO END THE CONTRACT
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract. Specifically:
7.1.1 if what you have bought is faulty, or is not how it was described to you, you may have a legal right to end the contract or to get the product repaired or replaced (see clause 10); and
7.1.2 if you want to end the contract because of something that we have done, or told you that we were going to do (see clause 7.2).
7.2 Ending the contract because of something that we have done or something that we are going to do. If you are ending the contract for a reason set out below, the contract will end immediately and we will refund you for any product not provided. The reasons are:
7.2.1 we have told you about an upcoming change to the product or these terms and conditions that you do not agree to (please see clause 5.2);
7.2.2 we have told you about an error in the price or description of the product that you have ordered and you do not wish to proceed;
7.2.3 there is a risk that supply of the product may be significantly delayed because of events outside our control;
7.2.4 we have suspended supply of the product for technical reasons or notify you that we are going to suspend them for technical reasons; or
7.2.5 you have a legal right to end the contract because of something we have done wrong.
7.3 When you do not have the right to change your mind. You do not have a right to change your mind in respect of:
7.3.1 any product that has been personalised or custom-made for you;
7.3.2 any product sealed for health protection or hygiene purposes, once it has been unsealed after being received by you; and
7.3.3 any product that has become mixed inseparably with other items after its delivery.
7.4 How long you have to change your mind. You have 14 days after the day on which you (or someone you nominate) receives the product.
8. HOW TO END THE CONTRACT WITH US
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
8.1.1 by phone or email. Call us on 01207 281521 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; or
9.1.2 by post. Write to us at Raine and James, Beamish Burn Road, Stanley, County Durham DH9 0LS, including details of what you bought, when you ordered or received it and your name and address.
8.2 Returning our products after ending the contract. If you end the contract for any reason after the product has been received by you, you accept that you must return it to us. You must either return the goods in person back to us, post them back to us at Raine and James, Beamish Burn Road, Stanley, County Durham DH9 0LS or (if they are not suitable for posting) allow us to collect them from you. Please call us or email us to arrange collection. If you are exercising your right to change your mind, you must send the product to us within 14 days of telling us that you wish to end the contract.
8.3 When we will pay the costs of return. We will pay the costs of return:
8.3.1 if the product is faulty or is not how it was described to you; or
8.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms and conditions, 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.
8.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
8.5 How we will refund you. We will refund you the price that you paid for the product by the method that you used for payment. However, we may make deductions from the price as described below.
8.6 When your refund will be made. We will make any refunds due to you as soon as possible.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
9.1.1 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; and
9.1.2 you do not, within the timescales set out in clause 6.4, collect them from us.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1, we will refund any money that you have paid in advance for the product, but we may deduct reasonable compensation for the net costs that we will incur as a result of you breaking the contract.
9.3 We may withdraw our products. We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of stopping the supply of the product and will refund you any sums that you have paid in advance for the product which will not be provided.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01207 281521, email us at [email protected] or write to us at Raine and James, Beamish Burn Road, Stanley, County Durham DH9 0LS, including details of what you bought, when you ordered or received it and your name and address.
10.2 Summary of your legal rights. We are under a legal duty to ensure that our products are supplied in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms and conditions will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information, please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says that goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of the product, your legal rights entitle you to the following:
i. up to 30 days: if your goods are faulty, then you can get an immediate refund.
ii. up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
iii. up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause Error! Reference source not found..

10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call us to arrange collection.
11. PRICE AND PAYMENT
11.1 Where to find the price of our products. The price of our products will be the price indicated on the product or the price notified to you by us in the shop.. All prices are in pounds (£) sterling and exclusive of delivery costs. We take all reasonable care to ensure that all prices are correct.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date that we dispatch 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.
11.3 When and how you must pay. We accept payment with Visa, MasterCard, Switch, Maestro, Visa Delta, Visa Electron. You must pay for the product at the point of sale. We cannot accept your order until you have paid for it in full.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms and conditions, 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 that the contract was made, we both knew that it might happen.
12.2 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 as summarised at clause 10.2.
12.3 We are not liable for business losses. These products are for your own domestic and private use only. You agree not to use our products for any commercial, business or re-sale purpose and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information. We will only use your personal information as set out in our https://raineandjames.com/terms-and-conditions/

14. OTHER IMPORTANT TERMS
14.1 We may transfer this contract to someone else. We may transfer our rights and obligations under these terms and conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this contract.
14.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.3 If a court finds part of this contract illegal, the rest of it will continue in force. Each paragraph of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.5 Which laws apply to this contract and where you may bring legal proceedings? These terms and conditions are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
14.6 Alternative dispute resolution. 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 submit the dispute for online resolution to the European Commission Online Dispute Resolution platform.

PRIVACY NOTICE

Introduction

Welcome to the Raine and James privacy notice.

Raine and James respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.

You can view the policy on our website https://raineandjames.com/. Please also use the Glossary at the end to understand the meaning of some of the terms used in this privacy notice.

  1. Important information and who we are

Purpose of this privacy notice

This privacy notice aims to give you information on how Raine and James collect and process your personal data.

It is important that you read this privacy notice together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

Controller

Raine and James is the controller and responsible for your personal data (collectively referred to as “Raine and James”, “we”, “us” or “our” in this privacy notice). Raine and James is a trading name of a business carried on by Philip and Susan Moiser who address is at Beamish Burn Road, Stanley, County Durham DH9 0LS.

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

Contact details

Name of data privacy manager: R. Jones

Email address: [email protected]

Postal address: Beamish Burn Road, Stanley, County Durham DH9 0LS

Telephone number: 01207 271521

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

 

Inform us of changes

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

  1. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

  • Identity Data includes first name and last name.
  • Contact Data includes address, email address and telephone numbers.
  • Financial Data includes bank account and payment card details. Tokenised
  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you.

  1. How is your personal data collected?

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms on our website or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  • order our products online;
  • enter a competition, promotional survey
  • request marketing to be sent to you;
  • give us some feedback; or
  • contact Raine and James for any other purpose (including via social media)
  • Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see below regarding cookies for further details.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below:N/A

 

  1. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To register you as a new customer (a) Identity

(b) Contact

(a) Performance of a contract with you
To process and deliver your order including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

(c) Organising delivery or collection of the products

a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey

(c) To enable you to partake in a prize draw, competition or complete a survey

(a) Identity

(b) Contact

(c) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising:

Promotional offers from us

We may use your Identity and Contact Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased goods from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any company outside Raine and James for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product purchase.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.

Please view our Cookie Policy for more information.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

  1. Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

  • External Third Parties:
    • Service providers acting as processors who provide IT and system administration services.
    • Professional advisers including lawyers, bankers, auditors and insurers based who provide consultancy, banking, legal, insurance and accounting services.
    • HM Revenue & Customs, regulators and other authorities who require reporting of processing activities in certain circumstances.
    • South Causey Inn Data Controller
  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

  1. International transfers

We do not transfer your personal data outside the European Economic Area (EEA).

  1. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

  1. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances you can ask us to delete your data: see [Request erasure] below for further information.

  1. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please view the glossary at clause 10 below for further details.

If you wish to exercise any of the rights set out above, please contact us.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

  1. Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

 

 

This version was last updated on [November 2018].