Website Terms of Use

This agreement applies as between you, the User of this Website and RUBICON™, the owner of this Website.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately. 

No part of this Website is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending an order acknowledgement email to you indicating that your order has been accepted and is in the process of being fulfilled.

1.              Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

“Account”	means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
“Carrier”	means any third party responsible for transporting purchased Goods from our Premises to customers;
“Content”	means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Goods”	means any products that RUBICON™ advertises and  / or makes available for sale through this Website;
“RUBICON™”	means RUBICON™ Garden Rooms of Unit 5 Evolution, St David’s Park, Ewloe, Flintshire, CH5 3XP;
“Service”	means collectively any online facilities, tools, services or information that RUBICON™ makes available through the Website either now or in the future;
“Payment Information”	means any details required for the purchase of Goods from this Website.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchase Information”	means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“Premises”	Means our place(s) of business located at Unit 1 Deeside Enterprise Centre, Rowley's Drive, Shotton, Flintshire, CH5 3PP;
“System”	means any online communications infrastructure that RUBICON™ makes available through the Website either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”	means any third party that accesses the Website and is not employed by RUBICON™ and acting in the course of their employment; and
“Website”	means the website that you are currently using (www.rubicongardenrooms.co.uk) and any sub-domains of this site (e.g. subdomain www.rubicongardenrooms/home.co.uk) unless expressly excluded by their own terms and conditions.

            2             Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult.  Payment Information must be provided by or with the permission of an Adult.

           3.             Business Customers

These Terms and Conditions also apply to customers buying Goods in the course of business

          5.             Intellectual Property

5.1           Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of RUBICON™, our affiliates or other relevant third parties.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

5.2           Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by RUBICON™.

          6.             Third Party Intellectual Property

6.1           Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

6.2           Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier. 

          7.             Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

          8.             Links to Other Websites

This Website may contain links to other sites.  Unless expressly stated, these sites are not under the control of RUBICON™ or that of our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

         9.             Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of RUBICON™. To find out more please contact us by email at sales@rubicongardenrooms.co.uk or by post to the address above. 

          10.          Use of Communications Facilities

10.1        When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:

10.1.1   You must not use obscene or vulgar language;

10.1.2   You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

10.1.3   You must not submit Content that is intended to promote or incite violence;

10.1.4   It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

10.1.5   The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

10.1.6   You must not impersonate other people, particularly employees and representatives of RUBICON™or our affiliates; and

10.1.7   You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

10.2      You acknowledge that RUBICON™ reserves the right to monitor any and all communications made to us or using our System.

10.3      You acknowledge that RUBICON™ may retain copies of any and all communications made to us or using our System.

10.4      You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information.  Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

       11.          Accounts

Clause Deleted

       12.          Termination and Cancellation of Account

Clause Deleted   

       13.          Goods, Pricing and Availability

13.1        Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from RUBICON™ correspond to the actual Goods, RUBICON™ is not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. 

13.2       Clause deleted

13.3        RUBICON™ does not represent or warrant that such Goods will be available.  Stock indications are not provided on the Website.

13.4        All pricing information on the Website is correct at the time of going online. RUBICON™ reserves the right to change prices and alter or remove any special offers from time to time and as necessary.

13.5        In the event that prices are changed during the period between an order being placed for Goods and RUBICON™ processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

13.6        All prices on the Website include VAT. 

           14.        Clause Deleted

           15.          Rights to Cancel (Distance Selling Regulations)

15.1        If you order by telephone, mail order or on-line without visiting our offices, one of our show sites or exhibitions, you will have the right to cancel any order (excuding any bespoke or made to measure items). Your right to cancel ends on the expiry of 14 calendar days following contract agreement.

15.2        If you wish to cancel within this period you should notify us in writing either by post to Rubicon Garden Rooms, Unit 5 Evolution, St David's Park, Ewloe, Flintshire CH5 3XP or by email on sales@rubicongardenrooms.co.uk

15.3        RUBICON™ will not process any part of a telephone, mail order or on-line order until the expiry of this 14 day cooling off period.     

        16.    Clause Deleted

        17.          Privacy

17.1        Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference.  To view the Privacy Policy, please go to the appropriate link on our website.

17.2        The Website places the following cookies onto your computer or device.  These cookies are used for the purposes described herein.  Full details of the cookies used by the Website and your legal rights with respect to them are included in our Privacy Policy.  By accepting these terms and conditions, you are giving consent to RUBICON™ to place cookies on your computer or device.  Please read the information contained in the Privacy Policy prior to acceptance.

Name of Cookie	Name of Provider	1st / 3rd Party	Purpose
SHOP_SESSION_TOKEN	BigCommerce	1st	Essential so you can add store items in shopping basket.
STORE_VISITOR	BigCommerce	1st	Enables the site to recognise what type of visitor you are
__unam	ShareThis	3rd	Enables ‘Share This’ widget on the site to allow visitors to share content.
__atuvc	AddThis	3rd	Enables the ‘Add This’ facility for visitors on the site

 

Name of Cookie	First / Third Party	Provider	Purpose
_ga	third	Google	Enables us to estimate our audience size through Google Analytics
roi_attribution	first	BigCommerce	Enable us to estimate our audience size and usage pattern
roi_visitor	first	BigCommerce	Enable us to estimate our audience size and usage pattern.
optimizelySegments	third	Optimizely	Enable us to estimate our audience size and usage pattern.
km_ai, km_lv, km_uq	third	Kissmetrics	Enables us to estimate our audience size and usage pattern (via KissMetrics)

17.3        If you wish to opt-out of our placing cookies onto your computer or device, please change browser settings.  You may also wish to delete cookies which have already been placed.  For instructions on how to do this, please consult your internet browser’s help menu.

          18.          Disclaimers

18.1        RUBICON™ makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

18.2        No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

18.3        No part of this Website is intended to constitute a contractual offer capable of acceptance.

18.4        Whilst RUBICON™ uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

          19.          Changes to the Service and these Terms and Conditions

RUBICON™ reserves the right to change the Website, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.  If RUBICON™ is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

          20.          Availability of the Website

20.1        The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

20.2        RUBICON™ accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

           21.          Limitation of Liability

21.1        To the maximum extent permitted by law, RUBICON™ accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

21.2        Nothing in these Terms and Conditions excludes or restricts RUBICON™’s liability for death or personal injury resulting from any negligence or fraud on the part of RUBICON™.

21.3        Nothing in these Terms and Conditions excludes or restricts RUBICON™’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.

21.4        Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

            22.          No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

           23.          Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

          24.          Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and RUBICON™.

          25.          Communications

25.1        All notices / communications shall be given to us either by post to our Premises (see address at 1.1) or by email to sales@rubicongardenrooms.co.uk.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

25.2        RUBICON™ may from time to time send you information about our products and/or services.  If you do not wish to receive such information, please click on the “Unsubscribe” link you receive in any email from us.

          26.          Law and Jurisdiction

These Terms and Conditions and the relationship between you and RUBICON™ shall be governed by and construed in accordance with the Law of England and Wales and RUBICON™ and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

          27.         Additional Information