TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
These Terms and Conditions of use were last updated on 8th January 2024.
This page tells you information about us and the legal Terms and Conditions (‘Terms’) on which we sell any of the products (‘products’) listed on our website (‘our site’) to you.
These Terms and Conditions will apply to any contract between us for the sale of products to you (‘contract’). Please read these Terms and Conditions carefully and make sure that you understand them, before ordering any products from our site. Please note that before placing an order you will be asked to agree to these Terms and Conditions.
You should print a copy of these Terms and Conditions or save them to your computer for future reference.
We amend these Terms and Conditions from time to time as set out in clause 8. Every time you wish to order products, please check these Terms and Conditions to ensure you understand the Terms and Conditions which will apply at that time. These Terms and Conditions were most recently updated on 8th January 2024.
These Terms and Conditions, and any contract between us, are only in the English language.
INFORMATION ABOUT US
These are the Terms and Conditions of RACIL (“RACIL“, “we”, “our”, “us”). We operate the website WWW.RACIL.COM. We are FOURTH OF MARCH LTD, a company registered in England and Wales under company number 15150412 and our registered office and main trading address is Unit A, 82 James Carter Road, Mildenhall, Suffolk, United Kingdom, IP28 7DE.
You can contact us at customercare@RACIL.com (open from Monday to Friday, 10am to 5pm GMT).
PRODUCTS AND AVAILABILITY
2.1 While we make every effort to ensure that the photographs displayed on our site are faithful reproductions of the original products, including adopting every technological solution possible to minimize inaccuracies, variations may occur due to the technical and colour resolution characteristics of your computer and the handmade nature of the products. FOURTH OF MARCH LTD shall not be liable therefore for the eventual inadequacy of the graphic representations of RACIL products displayed on the site owing to the above mentioned technical and production issues.
2.2 You acknowledge that the products offered by us are subject to stock limits.
2.3 You may check the availability of any item offered on our site at any time by checking the product page. Any product no longer available will be listed as sold out. Inconveniences may occasionally occur regarding the availability of certain products. In such circumstances, we will inform you of this fact as soon as possible (and in any case within the term of delivery as specified below) by e-mail or telephone. We will give you the option to order a different item of the same type or alternatively, to cancel your order. Should you opt to cancel your order no charge will be made to your credit/debit card. In the event that your credit/debit card has already been charged, you will be refunded as soon as possible.
2.4 We reserve the right to change the items offered on our site at any moment, without prior notice.
2.5 We reserve the right to reject orders from any customer with whom there is an ongoing legal dispute regarding a prior order. This applies equally to all cases in which we consider the customer unsuitable, for instance in the case of previous violations of Terms and Conditions for online purchases on our site or for any other legitimate reason, especially where the customer has been involved in irregular activity of any kind.
USE OF OUR SITE
3.1 Your use of our site is governed by our:
3.2 Website Terms and Conditions; and
3.3 Privacy Policy
3.4 Cookie Policy
Please take the time to read these, as they include important Terms and Conditions which apply to you.
HOW WE USE YOUR PERSONAL INFORMATION
4.1 We only use your personal information in accordance our privacy policy. For details, please see our privacy policy. Please take the time to read these, as they include important Terms and Conditions which apply to you.
CONSUMER PROVISIONS
5.1 You may only purchase products from our site if you are at least 18 years old.
5.2 You have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 The order procedure is completed when you select the “confirm” option. Upon confirmation, your order will be submitted to us for processing and the order may not be changed or cancelled except as expressly provided in these Terms and Conditions or as required by the applicable law.
6.3 Confirmation of your order will be taken as proof of your acceptance of the provisions contained in these Terms and Conditions.
6.4 The data recorded on the Site shall be treated as conclusive evidence of the details of the transactions between you and us. In the event of a dispute relating to a transaction conducted on our site, the data recorded by us shall be treated as legal evidence of the transaction.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
7.1 We may revise these Terms and Conditions from time to time in the following circumstances:
7.1.1 changes in how we accept payment from you;
7.1.2 changes in relevant laws and regulatory requirements; and
7.1.3 Any other reasonable circumstances.
7.2 Every time you order Products from us, the Terms and Conditions in force at that time will apply to the Contract between you and us.
7.3 Whenever we revise these Terms and Conditions in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms and Conditions have been amended and the relevant date at the outset of these Term and Conditions.
YOUR RIGHT OF CANCELLATION
NOTE: This clause 8 only applies if you are a consumer and if you are a UK citizen. If you are purchasing Products from outside of the UK please see clause 10 below.
8.1 You have a legal right to cancel a Contract during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product or Products, you can notify us of your decision to cancel the Contract and receive a refund. If you are a UK citizen advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.2 However, this cancellation right does not apply in the case of any made-to-measure or custom-made products and/or products made to your specification or clearly personalised or fragrances and candles due to transportation restrictions.
8.3 Your legal right to cancel a Contract starts from the date of the order confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) working days in which you may cancel, starting from the day after the day you receive the Product. Working days means that Saturdays, Sundays or public holidays are not included in this period.
8.4 To cancel a Contract, please contact us in writing to tell us by sending an e-mail to customercare@RACIL.com. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail.
8.5 [If you refuse delivery or if for any other reason delivery of the Product does not occur then the Product will be returned to us by our shipper and we shall assume less you advise us to the contrary that you have cancelled the Contract.]
8.6 We recommend that you insure the return shipment as you are under a duty to take reasonable care of the Product and will be liable for damage to them until we actually receive them at our warehouse. We also recommend that you use a secure, trackable means to return your order to us. Product the subject of cancellation must be shipped to RACIL c/o Car park A, Ariel way, W12 7SL Drive. You should retain proof of sending, in case of a dispute.
8.7 Product should be returned to us with their original packaging. Product must be unused and in an unaltered condition. Product must be sent from the country that the order was delivered to.
8.8 Subject to compliance with clause 8.7 above will refund the full value of your order, minus shipping costs, within 30 days of receiving your notice of contract cancellation.
8.9 Please note you may only use your right to cancel the order under the DSRs if you give us formal written notice of cancellation any time after your order has been placed, up until 7 working days from the day after you received you order, as described above.
RETURNING PRODUCT
NOTE: For the avoidance of doubt if you are ordering Product from outside of the UK carefully read the Note at the beginning of Clause 8 which explains that no right of cancellation applies to you. Your only rights to return Product are set out in this clause 9.
9.1 You must upon receipt immediately check all Product you receive against your order. If the Product you receive is damaged, defective or in any way incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us by e-mail as soon as possible but in any case within a reasonable period of time. Product must be returned with its original packaging. Product must be unused and in an unaltered condition.
9.2 We may also agree to allow any Product not falling within the above to be exchanged once following purchase subject to the requirements set out in clauses 9.3 and 9.4 below.
9.4 Any return must be made in a single delivery shipment and any fragmented returns may incur additional costs payable by you to us. It is imperative that you follow our instructions for the return of your items and that all goods are shipped back to us within 14 days of delivery.
9.5 If you have purchased Product from us from outside the UK you are wholly responsible for the payment of all taxes and duties on any supply of Product. We cannot under any circumstances refund such taxes/duties.
9.6 We recommend that you retain proof of sending, in case of a dispute.
9.7 Any refunds given by us will be made to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged or degraded on return.
9.8 Please note card refunds may take up to 10 business days for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and unfortunately we are unable to influence this.
9.9 This returns policy does not affect your legal and statutory rights.
PRICE OF PRODUCTS AND DELIVERY CHARGES
10.1 It is always possible that, despite our efforts to the contrary, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or alternatively you may cancel your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
10.2 UK VAT is applied to all orders shipping to the UK.
10.3 Sales made to customers outside of the UK are dealt with in clause 11 below.
INTERNATIONAL SALES AND DELIVERY
11.1 We ship DDU (delivery duty unpaid) to certain destinations outside the EU. Product prices displayed on our website are inclusive of UK VAT. In checking out, if you have selected a country outside the UK to ship to the VAT will be removed from the price during the checkout process. As the recipient, you are liable for all import duties and will pre-pay these at checkout.
11.2 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
11.3 We are unable to ship certain products outside the UK including products made of or containing CITES restricted materials. We will make an effort to indicate on the product pages if the product will not ship outside of the UK. In checking out, based on your shipping destination, you may be blocked from checking out with these products in your cart and you will need to either remove them or change your ship to destination to proceed with your order.
SHIPPING INFORMATION
12.1 Your order will be fulfilled by within one working day of receipt. If we receive your order before 13:00 London local time UK, it will be processed and shipped that same working day unless there is an Event Outside Our Control. (This phrase is this defined below). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. Estimated delivery times by country can be viewed here.
12.2 Delivery will be completed when we deliver the Products to the address you gave us.
12.3 Please make sure that the shipping address is correct as we’re unable to change this once an order has been placed.
12.4 Before we can dispatch your order, we may need to confirm your details with your card issuer. We will do our best to keep delays to a minimum.
12.5 We insure each purchase whilst in transit and until it is delivered to you. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by us and transfer of responsibility in the same way.
12.6 DHL can deliver to certain destinations without obtaining a signature. Please note, that if you choose this option and no signature is collected, either leaving in a safe place or with a neighbour, you agree to our Terms and Conditions and, confirm that RACIL can leave your package(s) outside the premises at the shipping address provided by you or with a neighbour without obtaining a signature for proof of delivery and take full responsibility for any loss or damage that may occur. On occasion, DHL may refuse to deliver your order if they are of the opinion that the shipping address is considered to be unsafe.
HOW TO PAY
13.1 You can pay for Products using a debit card or credit card. We accept the following cards: Visa, Visa Debit, Mastercard, Maestro, American Express. We also accept payment via PayPal, Shop Pay and Apple Pay.
13.2 Payment for the Products and all applicable delivery charges is in advance.
OUR LIABILITY IF YOU ARE A CONSUMER
14.1 This clause 14 only applies if you are a consumer.
14.2 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 breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
14.3 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.4 We do not in any way exclude or limit our liability for:
14.5 death or personal injury caused by our negligence;
14.6 fraud or fraudulent misrepresentation;
14.7 any breach of the Terms and Conditions implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
14.8 any breach of the Terms and Conditions implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
14.9 defective products under the Consumer Protection Act 1987.
EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An ‘Event Outside Our Control’ means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
15.4 we will contact you as soon as reasonably possible to notify you; and
15.5 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
COMMUNICATIONS BETWEEN US
16.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
16.2 If you are a consumer:
16.3 To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you must contact us in writing by sending an email to customercare@RACIL.com.
16.4 If you wish to contact us in writing for any other reason, you can send this to us by email at customercare@RACIL.com or by pre-paid post to FOURTH OF MARCH LTD, is Flat 1 Ovington Court, 197-205 Brompton Road, London, United Kingdom, SW3 1LB.
16.5 If we have to contact you or give you notice in writing, we will do so by e-mail.
OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions.
17.2 You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of your Contract to the recipient of the gift without needing to ask our consent. You must however tell us in writing (which shall include email) that you have done this.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its Terms and Conditions, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient by you of your gift of a Product will have the benefit of a Contract made between us and the original purchaser, but neither we nor you will need their consent to cancel or make any changes to these Terms and Conditions.
17.4 Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6 If you are a consumer, please note that these Terms and Conditions are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
17.7 If you are a business, these Terms and Conditions are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
17.8 We will not file a copy of the Contract between us.