Terms and Conditions of Sale
1.2 These terms and conditions shall govern the sale and purchase of products through our website.
1.3 When you place an order with us through this website, you give your express agreement to these terms and conditions.
1.4 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
2. About Us
2.1 “RoseMill” is a trading division/name of Abraham Moon & Sons Ltd. Abraham Moon & Sons Ltd is a private limited company registered in England and Wales under company number 00163364 and our registered office and trading address is at Netherfield Mills, Guiseley, Leeds, West Yorkshire, LS20 9PA. Our VAT number is GB 886 7604 68.
2.2 In these terms and conditions:
(a) “we” means RoseMill
(b) “you” means our customer or prospective customer, and “us”, “our” and “your” should be construed accordingly.
4. Order Process
4.1 The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.
4.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this section 4 (Order Process).
Once you proceed to the checkout stage of the site, you will be asked to provide your email address, personal details and delivery address. This data is used for the purpose of facilitating your order with us and will not be used for any other purposes, such as marketing, without your explicit and recorded consent. Please note that this data will be used to contact you with updates about your order. These are considered transactional updates and constitute a component of the order fulfilment process.
You will be required to choose your preferred method of delivery. The options available to you for your purchase will be provided to you. Please note that we offer free delivery on orders over the value of GBP 75.00 to addresses within the United Kingdom. You must select your preferred method of delivery and confirm your order. We cannot provide you with a delivery method that is not provided to you at this point in the process.
Upon confirmation of your chosen delivery method, you will be transferred to our payment method page. Here you will be presented with the payment method options available to you for this purchase. Please note that we will not accept a method of payment for chosen goods that are not presented to you during the payment stage of the checkout process. After selecting your method of payment, you will need to input the details of your payment method into the required fields.
The details of your order can be found in the order summary within the pages of the checkout process. This will detail the total cost of your order, including postage. Taxes are applied at the point when you place your chosen items into your basket. The amount of tax is shown here for your information. Note that the order total amount includes any taxes charged for the purchase.
When you place your order, our payment service provider will handle your payment. Once your payment is accepted, we will send you an initial acknowledgement; once we have checked whether we can meet your order, we will send you an order confirmation via email. It is at this point that your order will become a binding contract. Alternatively, if we cannot meet your order, we will send you an email to let you know.
4.4 You will have the opportunity to identify and correct input errors before making your order by reviewing the details in your bag. Before placing your order, you will have the option to check and, if required, amend your delivery address and shipping method. Please note that once you place your order, you will not be able to edit your order details, delivery address and shipping method.
4.5 Customers with a valid promotional code will have the option to apply the code within the checkout process on the payment page. Promotional codes will automatically amend your order prices where applicable. Any terms and conditions of the promotion will be presented to you at the point when the promotion is offered.
5.1 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
6.1 Our prices are quoted on our website. These are accurate at the time of placing your order.
6.2 We will, from time to time, change the prices quoted on our website, but this will not affect contracts that have previously come into force.
6.3 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
6.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
6.5 In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
7.1 You must, during the checkout process, pay the prices of the products you order.
7.2 Payments may be made by any of the permitted methods specified on our website.
7.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
7.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third-party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of GBP 25.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 7.4 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 7.4.
8.1 Our policies and procedures relating to the delivery of products are set out on the Delivery & Returns page of our website.
8.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
8.3 There are some restrictions on countries we can deliver to. If you have any queries then please contact our customer support team on [email protected]
9. Risk and ownership
9.1 The products you purchase from us will be at your risk from the time that they come into your physical possession or the physical possession of a person identified by you to take possession of the products.
9.2 Ownership of a product that you purchase from us will pass to you upon the later of:
(a) delivery of the product; and
(b) receipt by us in cleared funds of all amounts due in respect of the product (including delivery charges).
9.3 Until ownership of a product has passed to you, you will possess the product as our fiduciary agent and bailee.
10. Warranties and representations
10.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.
10.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
(d) the products you buy will correspond to any description published on our website; and
(e) the products you buy will be of satisfactory quality.
10.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 11.1, all other warranties and representations are expressly excluded.
11. Limitations and exclusions of liability
11.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions except to the extent permitted by law.
11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
(a) are subject to Section 11.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
11.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.5 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 11.5 shall not apply.
11.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 11.6 shall not apply.
11.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12. Order cancellation
12.1 We may cancel a contract under these terms and conditions immediately by giving you written notice of termination if:
(a) you fail to pay, on time and in full, any amount due to us under that contract; or
(b) you commit any breach of that contract.
12.2 You may cancel a contract under these terms and conditions immediately by giving us written notice of termination if we commit any material breach of that contract.
12.3 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, misquoted pricing or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
13. Consequences of order cancellation
13.1 If a contract under these terms and conditions is cancelled in accordance with Section 12:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
(c) all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 9, 11, 16, 17, 18, 19, 20 and 21 will survive termination and continue in effect indefinitely.
14.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
15.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
15.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision but will not affect contracts made before the time of the revision.
16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
16.2 You may not, without our prior written consent, assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
17. No waivers
17.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
17.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
18.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
18.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
19. Third-party rights
19.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
19.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
20. Entire agreement
20.1 Subject to Section 11.1, these terms and conditions, together with our delivery and returns information, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
21. Law and jurisdiction
21.1 These terms and conditions shall be governed by and construed in accordance with English law.
21.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
22. Statutory and regulatory disclosures
22.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
22.2 These terms and conditions are available in the English language only.
22.3 Our VAT number is GB 88 6760 468
22.4 The website of the European Union’s online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main
22.5 Alternatively, advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
23. Our details
23.1 This website is owned and operated by Abraham Moon & Sons Ltd under the trading division of RoseMill.
23.2 Abraham Moon & Sons is registered in England and Wales under registration number 163364, and our registered office is at Netherfield Mills, Guiseley, Leeds, West Yorkshire, LS20 9PD.
23.3 Our principal place of business is at Netherfield Mills, Guiseley, Leeds, West Yorkshire, LS20 9PD.
23.4 You can contact us:
(a) by post, using the postal address given above. Please address your letter to "RoseMill Customer Support".
(b) using our website contact form;
(c) by email, using [email protected]
This policy was last updated on 09/11/2022.