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Terms & Condition

Our website shop terms

1. These Terms

  1. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
  2. These terms and conditions and the order form the contract between you and us and shall be effective for all orders placed with us, and shall take precedent over any other terms or discussions taken place between you and us.
  3. 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 or require any changes, please contact us to discuss.

2. Information About Us And How To Contact Us

  1. Who we are.The British Millerain Co. Ltd. registered in England and Wales with company number 185593. Registered office is located at Unit 1, Park Mill, Buckley Road, Rochdale, OL12 9DJ. Registered VAT number is 508460160.
  2. How to contact us.You can contact us by telephoning our customer service team at +44 (0) 1706 716 370 or by writing to us at info@britishmillerain.com and Unit 1, Park Mill, Buckley Road, Rochdale, OL12 9DJ.
  3. How we may contact you.If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order. We cannot be held responsible if the details that you have provided to us are incorrect, and therefore it is your responsibility to ensure you keep us updated with any change of these contact details
  4. “Writing” includes emails.When we use the words “writing” or “written” in these terms, this includes emails.

3. Our Contract With You

  1. Our acceptance of your order will take place when your order is confirmed on the shop website, at which point a contract will come into existence between you and us.

4. Our products

  1. Products may vary slightly from their pictures. The images of the products on our website and/or our promotional literature 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 by illustrating the colour and weave of our cloth.
  2. Cut cloth is considered to be a bespoke item. Please check carefully before purchase as non-faulty cut cloth cannot be returned for refund or exchange.
  3. Our specialist waxed and coated products are designed to mark and scuff with wear and handle. The surface marks are characteristic of waxed cotton fabrics and are not to be considered faults. We will not accept claims for markings on the product that are an inherent feature of the fabric finish.
  4. Occasionally faults can occur in the weave of the cotton base cloth itself or during the finishing processes. When a fault is identified during our inspection process, it is tagged and the tag can be identified protruding from the end of the roll. For each fault we provide 0.2 meters of fabric free of charge to allow for additional cutting.

5. Your Rights To Make Changes

If you wish to make a change to the product you have ordered please contact us as soon as possible. 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 in writing whether you wish to go ahead with the change. The details of such change would then form part of the contract between you and us.

6. Providing The Products

  1. The costs of delivery will be as displayed to you on our website at the checkout once you have entered the delivery address.
  2. Please note that we do not deliver to PO box numbers.
  3. We will aim to deliver the products to you within the time set out for your delivery zone and in any event within 30 days after the day on which we accept your order.
  4. Your order will be sent to the address you have entered under ‘shipping address.’ We will endeavour to spot mistakes but we cannot be held responsible for missing parcels due to address errors. If a parcel is returned to us as undeliverable due to your address error we can re send your item but there will be an additional delivery.
  5. We are not responsible for delays outside our control. 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.
  6. If no one is available at your address to take delivery and the products cannot be posted, we will contact you to rearrange delivery or collect the products from a local depot.
  7. If you do not collect the products from us as arranged or 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 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 and clause 9.2 will apply.
  8. The product will be your responsibility from the time we deliver the product to the address you gave us.
  9. You own a product which is goods once we have received payment in full.

7. Your Rights To End The Contract If Purchasing Online Or Over The Telephone

  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:
    1. If what you have bought is faulty or mis-described 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 10.
    2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2.
    3. If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period if the packaging undamaged, but this may be subject to deductions and you will have to pay the costs of return of any goods.
    4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.4.
  2. If you are ending a contract for a reason set out in clause 7.2.1 to 7.2.4 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:
    1. 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;
    2. there is a risk that supply of the products may be significantly delayed because of events outside our control;
    3. 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 four months.
    4. you have a legal right to end the contract because of something we have done wrong.
    5. For most products bought online you have a legal right to change your mind within 14 days and receive a refund (Consumer Contracts Regulations 2013).
    6. You do not have a right to change your mind in respect of:
      1. Bespoke items such as cut lengths of cloth as these are specific to your purchase and personal requirements.
      2. The item showing signs of use/reasonable wear and any products which become mixed inseparably with other items after their delivery.
  3. How long you have to change your mind depends on what you have ordered and how it is delivered.
    1. If you have bought goods you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery to change your mind about the goods.
  4. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered, and paid for. If you want to end the contract in these circumstances, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract. Please be aware that we will only offer a refund on: bespoke products, and items purchased at a discount if they are faulty (provided such discount was not given to a notified fault). If they are not faulty then we are unable to offer a refund.

8. How To End The Contract With Us Where Orders Are Placed Online

  1. Subject to exceptions, The British Millerain Co. Ltd. is happy to refund your purchase within 14 days of delivery. Your refund will be credited to the original payment card or PayPal account. Unwanted goods must be returned in a fully resaleable condition and any packaging must be intact. We reserve the right to refuse a refund if goods are not returned in a saleable condition or are damaged. Goods cannot be returned once they have been used or cut into under any circumstances. Please check for any faults or decide if you wish to keep the item or not before cutting into or starting to use them. This is in line with The Consumer Protection (Distance Selling) Regulations 2000.
  2. To end the contract with us please call our customer service team on +44 (0) 1706 716370 or email us at shop@britishmillerain.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. Email address is essential for all orders placed online.
  3. Please refer to our website for information on how to return products. We kindly request that you ensure that any returned products are well protected and packed for transit. We suggest you get a certificate of postage and allow up to 10 working days for your item to be processed.
  4. For product delivered on a roll, you cannot fold the fabric, it must be delivered on the roll.
    1. if the products are faulty or mis-described;
    2. if you are ending the contract because we have told you of an upcoming 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 you must pay the costs of return.
  5. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
  6. If you are exercising your right to change your mind:
    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.
    2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 2-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
  7. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days either 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 a product to us, see clause 8.2.

9. Our Rights To End The Contract

  1. We may end the contract for a product at any time by writing to you if: you do not, within a reasonable time, allow us to deliver the products to your address or collect them from us or you do not pay any sums due.
  2. If we end the contract in the situations set out in clause 9.1 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.

10. If There Is A Problem With The Product

  1. If you have any questions or complaints about the product, please contact us within seven days of receiving the goods. You can telephone our customer service team at +44 (0) 1706 716 370 or write to us at shop@britishmillerain.com or Unit 1, Park Mill, Buckley Road, Rochdale OL12 9DJ.
  2. 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.

11. Price And Payment

  1. The price of the product (which excludes VAT) will be the price indicated on the order pages if ordering.
  2. When you must pay and how you must pay. Please see our website for current payment types accepted. Your transaction can be processed by Paypal or credit or debit card in a secure environment. Please note we are not responsible for a delay in dispatching your product if your card issuer delays your payment to us, for whatever reason.
  3. For goods, you must pay for the products before we dispatch them.

12. Our Responsibility For Loss Or Damage Suffered By You

  1. We are not liable for business losses. 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.

13. How We May Use Your Personal Information

  1. How we will use your personal information. We will use the personal information you provide to us:
    1. to supply the products to you;
    2. to process your payment for the products; and
    3. if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
    4. We will process your personal data in accordance with out GDPR privacy policy which can be found on our website.

15. Other Important Terms

  1. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
  2. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms 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.
  3. 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, 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
  4. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.