1. These Terms
    1. What these terms cover. 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. Why you should read them. 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. Merchant & Mills Limited registered in England and Wales with company number 07559928. Registered office is located at 14a Tower Street, Rye, East Sussex, TN31 7AT. Registered VAT number is GB116111272.
    2. How to contact us. You can contact us by telephoning our customer service team at 01797 227758 (option 2) or by writing to us at emma@merchantandmills.com and 22A Winchelsea Road, Rye, East Sussex. TN31 7EL.
    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. How we will accept your order if you are purchasing our product online. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
    2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, the item has been withdrawn or because we are unable to meet a delivery deadline you have specified.
    3. Your order number. We will assign an order number to your order and this will be shown on your invoice as ‘invoice number’. It will help us if you can tell us the order number whenever you contact us about your order.
  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 drape and weave of our cloth, we do advise sampling before purchase. Measurements indicated on our website may have a slight variation and we advise that washing instructions are checked prior to sewing up garments.
    2. Product packaging may vary. The packaging of the product may vary from that shown on images on our website.
    3. 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.
  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. Delivery costs. The costs of delivery will be included on your invoice.
  2. UK delivery is £10 per order up to £500, free for orders over £500.
  3. EU carriage is £15 per parcel, with exceptions – see shipping information.
  4. International carriage is calculated at cost, based on weight and dimensions.
    1. When we will provide the products. Please allow 5-10 working days for us to complete your order. Please note that we do not deliver to PO box numbers.
      1. 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 order but there will be an additional delivery charge
    2. 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.
    3. If you are not available to receive a delivery. If no one is available at your shipping address to take delivery the courier will leave you a note informing you of how to re-arrange delivery or collect the products from a local depot.
    4. If you do not re-arrange delivery. If 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 10.2 will apply.
    5. When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us.
    6. When you own goods. You own a product which is goods once we have received payment in full.
  1. How To End The Contract With Us Where Orders Are Placed Online
    1. Tell us you want to end the contract. To end the contract with us please call our customer service team on 01797 227758 (option 2) or email us at emma@merchantandmills.com. Please provide your name, company address, details of the order and, where available, your phone number and email address. Email address is essential for all orders placed online.
    2. Returning products after ending the contract. We kindly request that you ensure that any returned products are well protected and packed for posting. We suggest you get a certificate of postage and allow up to 10 working days for your item to be processed.
    3. When we will pay the costs of return. We will pay the costs of return:
      1. if the products are faulty or miss-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
    4. How we will refund you. 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.
    5. Deductions from refunds. 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.
    6. 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 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 9.2.
  2. Our Rights To End The Contract
    1. We may end the contract if you break it. 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. 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 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.
  3. If There Is A Problem With The Product
    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 01797 227758 (option 2) or write to us at emma@merchantandmills.com and 22A Winchelsea Road, Rye, East Sussex. TN31 7EL.
    2. Summary of your legal rights. 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.
      Summary of your key legal rights. A summary of your key legal rights can be found at the Citizens Advice website adviceguide.org.uk or call 03454 04 05 06
  4. Price And Payment
    1. Where to find the price for the product. The price of the product (not including any VAT) will be the price indicated on the order pages if ordering online. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
    2. We will pass on changes in the rate of VAT (UK and non-tax registered EU customers). If the rate of VAT changes between your order date and the date we supply 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.
    3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated , we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
    4. When you must pay and how you must pay. Payment is made on receipt of invoice. If making payment via the link on the invoice your transaction will be processed by Sagepay in a secure environment. Please note we are not responsible for a delay in dispatching your product if your card issuer or bank delays your payment to us, for whatever reason.
      For goods, you must pay for the products before we dispatch them.
  5. Our Responsibility For Loss Or Damage Suffered By You
    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, 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. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    2. 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.
  6. 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 our GDPR privacy policy which can be found on our website.
  1. 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. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
    5. 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, we suggest you contact the CEDR (Centre for Effective Dispute Resolution) via their website at http://www.cedr.com/consumer in order for the dispute to be resolved prior to taking court action. CEDR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.