Ruby UK Ltd Terms and Conditions

 

Definition & Interpretation

In these standard Terms and Conditions of Sale:
‘Company’ means Ruby UK Ltd
‘Customer’ means customer of the Company.
‘Conditions’ means these Standard Terms & Conditions of Sale.
‘Contract’ means the Contract for the sale of the Products.
‘Goods’ means the goods/products (including any portion thereof) which the Seller agrees to supply in accordance with the Conditions of Sale.
‘Working Days’ means any day other than Saturday, Sunday and public holidays.
‘Carrier’ means the company, person or persons with the object of delivering the Goods to the Customer.
‘Writing’ includes letter, fax, email transmission, text or any similar form of communication.
‘Bespoke’ means for item that is custom made or made-to-measure to the customer’s specification.

The headings in these Conditions are for convenience only and shall not affect their interpretation.

1. General Terms and Conditions

1.1 These Terms and Conditions explain your rights and obligations in relation to our website and any goods purchased through our site. Please read them carefully.

1.2 The Statutory rights of a Buyer who acts as a consumer as defined by Section 12 of the Unfair Contract Terms Act 1977 are not affected by the Conditions.

1.3 Where appropriate the rights of a Buyer as set out in the Consumer Protection (Distance Selling) Regulations 2000 are not affected by the Conditions.

1.4 By accessing our website and placing an order, you agree to be legally bound by these Terms and Conditions and all goods are subject to availability.

1.5 If you require any further clarification on these Terms & Conditions, please contact us at customersupport@ruby-group.co.uk or by telephone on 01409 231763.

1.6 These conditions represent the entire Conditions of sale and nothing shall operate to in any way alter or vary the Conditions without the prior approval of the Company.

1.7 These conditions shall apply to all contracts to the exclusion of all other conditions express or implied by statute or otherwise to the extent as is permissible by Law.

1.8 Acceptance of Goods by the Customer shall be conclusive evidence before any Court of Arbitrator that these Conditions apply.

1.9 Ruby UK reserves the right to change the Conditions without prior notice. Updated Conditions will be on the website and so we advise customers to always check before ordering.


2. Purchasing from Us

2.1 The full payment for the order will be taken at the time of the customer ordering. Payment can be made via any major debit or credit card, bank transfer, Paypal or Clearpay.

2.2 Full Terms and Conditions of clearpay can be found here: https://www.clearpay.co.uk/en-GB/terms-of-service

2.4 By submitting your order, you are offering to buy the goods from us at the agreed price and are allowing us to use your personal details for the purposes of supplying goods (including passing your details on to couriers).

2.5 It is the responsibility of the customer to ensure all details supplied are accurate to your requirements and the goods delivered match these requirements.

2.6 Made-To-Measure: Items categorised as "made-to-measure" will feature a "made-to-measure" text stamp above below product title. These products are exclusively manufactured upon order placement, whether in standard size or bespoke measurements, constituting a "bespoke order."

2.7 The Company cannot accept any responsibility for any product that you the customer order incorrectly, nor can we restock bespoke products or accept returns for these. 

2.8 Upon the receipt of a Bespoke order, an order confirmation will be sent to the customer which we strongly recommend you check for accuracy. If any changes are required on a Bespoke order and we have not yet placed it into the manufacturing system we may, at our discretion, update the order providing you contact us by phone during normal office working hours. If the order has been entered into the Manufacturing system then charges may apply in order to make a change.

2.9 Quotes based on drawings have to be confirmed between the customer and our manufacturing manager. The sizes will be made to the measurements as close as possible but there may be up to a 10mm variance in sizing. By completing the purchase, you will have confirmed that the drawings are accurate and to the sizing needed. Once the order has been placed and manufacturing has commenced, we will not be able to amend any sizing for you or refund the order.

2.10 Once the item arrives, it will come with instructions based on our standard sizes but for a bespoke order, the instructions may differ slightly. We are happy to offer advice on installation but the company do not accept any liability and will not accept liability for any damages caused by the incorrect installation or incorrect sizing.

2.11 To enable us to process all orders, you will need to provide us with your email address. We will notify you by email as soon as possible to confirm receipt of your order. For the avoidance of doubt, this email does not constitute a contract between us. For all manufactured orders, we will require your confirmation response in order to place your order into the manufacturing system.

2.12 Once you confirm your order for manufactured orders, this is the start point of your order. The date your confirmation email is received is counted as the ‘first working day’ , not the date the order was initially placed.

2.13 In the unlikely event that the product you ordered goes out of stock, then we can give you a date when the product should be back in stock. You can then decide whether you would like to wait for restocking or you would prefer for us to refund your order in full. If you would like a refund, we will cancel the order and refund immediately.

2.14 Once you have placed your order online we will not be able to change the delivery address. If the delivery address is different from the billing address you must add this when placing your order. If you would like to change the address, we reserve the right to cancel the order and refund. You would then need to place a new order online.

2.15 Ruby products are supplied for outdoor use only, unless otherwise specified on the listing. As such they are likely to have a moisture content in excess of what would be suitable for other applications, such as indoor usage. Ruby will not be held liable for orders where the customer has ordered a product for a use other than outdoor unless otherwise indicated on the product listing.

3. Pricing

3.1 The prices payable for our goods are set out on our website and are in pounds sterling. All prices shown are inclusive of VAT at the current rate.

3.2 The Company reserves the right to change the advertised price before you place an order.

3.3 No charge is made to the Customer for Credit or Debit Card payments.

3.4 The Company requires payment for the whole of the price of the goods you order, and any charges for carriage if applicable, before your order can be accepted.

3.5 Quotations are not offers. They may be withdrawn or revised at any time before acceptance of an order by the Company.

4. Timber Properties, Movement & Maintenance Responsibilities

4.1 Natural Behaviour of Timber
Timber is a natural, living material that responds to its environment. Exposure to moisture, heat, UV rays, and changes in temperature can cause movement in the form of warping, twisting, bowing, swelling, shrinking, splitting, surface cracks, and discolouration. These natural characteristics are not considered defects, but inherent properties of timber used in outdoor settings.

4.2 Responsibility for Timber Maintenance
All timber products supplied by Ruby UK Ltd — including but not limited to gates, pergolas, sheds, cladding, and planters — must be treated thoroughly with a UV-resistant, water-repellent exterior oil, such as OSMO UV Protection Oil or an equivalent high-quality product.

• Treatment must be applied to all surfaces before exposure to the elements, including edges and cut ends.

• Products must be re-treated:

  • After 14 days of installation (once the product has acclimatised),

  • At 6 months, and

  • Every 12 months thereafter, or more frequently depending on weather exposure.

• Failure to carry out this maintenance will invalidate any quality-related claim.

4.3 Proof of Maintenance
The Company reserves the right to request dated photographic evidence or inspection reports to confirm that proper treatment and ongoing maintenance have been applied. Claims submitted without proof of maintenance may be rejected without exception.

4.4 Limitations of Liability for Timber Movement
Due to the nature of the product, Ruby UK Ltd cannot accept responsibility or offer replacements for natural timber movement or cosmetic changes that include:

• Warping, twisting, bowing, swelling or shrinking,

• Mould, mildew, surface splits or shakes,

• Resin bleed, sap marks, or blue staining,

• Fading or uneven colouration from sun or batch variation.

These characteristics do not affect structural performance and are not grounds for replacement or refund.

4.5 Ironmongery and Installation Responsibilities
Incorrect ironmongery, insufficient fixings or poor installation practices can lead to undue stress on timber products. We recommend the use of appropriately sized and weight-rated fittings.
Ruby UK Ltd does not accept liability where movement or failure is caused by improper hardware or installation.

4.6 Product Dimensions and Variance
All timber sizes are nominal and may vary by ±10mm due to milling processes and environmental moisture content at the time of delivery. This tolerance is standard within the timber industry.

4.7 Consequence of Inadequate Protection
If timber products are installed without proper UV and water protection, Ruby UK Ltd will not replace or refund any item, regardless of the timescale. This includes gates that twist, pergola rafters that bow, or cladding that discolours or splits due to neglect or exposure.

5. Damages

5.1 Upon delivery, you must check goods for damage or missing items. If this is not possible, please sign for as ‘unchecked’. You must then inform us within 2 working days of the delivery for any missing items or parts.

5.2 We will require photographic evidence of any damage(s) which you can email to us at customersupport@ruby-group.co.uk.

5.3 Where damage(s) has occurred, we will offer to exchange the affected product(s) where we can or alternatively collect and refund you for the damaged item(s). We do not accept any liability for further consequential losses.

5.4 You will become the owner of the goods you have ordered when they have been delivered to your address This means that once delivered to your address, they will be held there at your own risk and we will not be liable for any loss, damage or destruction of them.

5.5 If you hang your gates/install any of our products prior to informing us of any delivery damages or faults, then we are under no obligation to repair, replace or refund them.


6. Installation

6.1 All of our products are sold on a supply only basis. The Company does not accept any responsibility for any fitting costs. You must check all parts and components are present and match the order BEFORE scheduling an installer or making alterations to goods.

6.2 The Company cannot be held responsible for any of our gates or products installed by other parties for damage, injury or loss of life. Each gate must be installed correctly and adhere to building regulations.

6.3 If our Gates are supplied and need to be automated after supply, then you must inform us of this so we can liaise with you and quote for appropriate sized gates able to take the automation system. The Company will not be responsible for any automation on the gates.

6.4 Post Installation - It is advised that all purchased posts are treated with bitumen both at the bottom and above ground level to prevent rot. We cannot be held liable for any rotting of posts that have not been treated accordingly.


7. Delivery

7.1 The Company provide free delivery services to most of the UK Mainland for orders over the minimum charge (shown on our website) which is inclusive of VAT. If the order total comes to less than the advertised amount, you will be charged a delivery fee. The Company reserves the right to amend this amount as and when it requires. Excluded areas include but are not limited to the Isle of Wight, the Isle of Man, Parts of Scotland, the Scottish Isles, Northern Ireland and the Channel Islands. Delivery may be arranged to these areas at the discretion of the Company and will be subject to additional delivery charges and longer delivery times.

7.2 We will deliver the goods to the address specified on your order. It is very important that this address is accurate and we reserve the right to charge for a re-delivery if our courier is unable to locate your address due to incorrect information given.

7.3 If you are happy for us to leave the goods in a safe location, please let us know prior to the delivery date. We cannot accept any liability or for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence).

7.4 We are not responsible for any delay due to the courier once it has been dispatched from ourselves. This is outside our control and we cannot be held liable for any consequential losses incurred from a late delivery. You must make sure you are in receipt of your goods before arranging an installer and that you have allowed enough time to inspect goods and get replacements in case of damages.

7.5 If you arrange your own courier, we cannot be held liable for any damages caused to our products during transit or upon delivery

7.6 If the product you ordered is a Bespoke product and has been made to the exact specification then there is no right to return under the Distance Selling Regulation. However, if the product has not been made to the confirmed agreed specification or the gate is damaged in transit, we will arrange collection for repair or replacement as appropriate.

7.7 Please note that the majority of our timber is stored outdoors, and during transport, it may be exposed to various weather conditions. As a result, your timber or manufactured product may arrive wet. We cannot accept liability for any timber that arrives in a wet condition due to exposure to weather or treatment. 

7.8 In the unlikely event there is a problem with your goods upon arrival, please contact our Customer Services team on 01409 231763 or by email; customersupport@ruby-group.co.uk. They will assist you with any issues to ensure these are resolved for you.


8. Cancellation, Returns & Refunds of Contracts

8.1 All orders placed with Ruby UK Ltd are subject to these Terms and Conditions.

8.2 Made-to-Order and Bespoke Goods
Products that are custom-made to your specifications (including made-to-measure and non-standard options) are classed as “bespoke” or “made-to-order”. Once manufacturing has commenced or the item has been dispatched, these products cannot be cancelled or returned, as they fall outside of the Consumer Contracts Regulations.

8.3 Cancellation Requests for Bespoke Goods
If a cancellation request is accepted at the Company’s discretion, Ruby UK Ltd reserves the right to charge:
- A 50% re-stocking fee based on the order value, and
- A collection fee, calculated based on the order’s size and weight.

8.4 Standard Products (Non-Bespoke)
Customers have a right to cancel standard (non-bespoke) products within 14 calendar days from the day after delivery, in line with the Consumer Contracts Regulations 2013. This applies only to consumer purchases and does not apply to business-to-business transactions.

8.5 If cancellation is requested after dispatch or delivery of a standard product, Ruby UK Ltd reserves the right to:
- Charge a collection fee, calculated individually based on the order weight and delivery location.

8.6 Cancellations at Point of Delivery
If a customer refuses delivery at the time of arrival without prior written consent from Ruby UK Ltd, it will be considered a cancellation after dispatch. In such cases:
- A 50% re-stocking fee will apply for made-to-order products,
- A collection and return fee will be charged based on the order’s size, weight, and delivery distance,
- For standard products, a return collection fee will still apply.
Drivers are not authorised to accept returns unless pre-arranged with the Company.

8.7 Return Conditions
- Goods must not be installed, painted, stained, or modified in any way.
- Products must be returned in a resalable condition, in their original packaging where possible.
- If you arrange your own return, you must obtain proof of delivery and a Returns Number from our customer service team beforehand.
- Upon return and inspection, if the goods are not in a resalable condition, we reserve the right to deduct up to £50 from your refund.

8.8 If you request Ruby UK Ltd to arrange collection of returned goods, collection charges will be agreed in advance and deducted from the refund total.

8.9 Refunds will be processed within 30 days of cancellation approval and receipt of returned goods.

8.10 To request a cancellation or return, contact us by email at customersupport@ruby-group.co.uk. No cancellations are valid unless confirmed by Ruby UK Ltd in writing.

9. Cancellation by Us

9.1 We reserve the right not to process your order if any of the following apply:

9.1.1 We have insufficient stock to deliver the goods you have ordered

9.1.2 We do not deliver to your area

9.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers

9.2 If we don’t process your order for any of the above reasons, we will notify you by email and will refund to you any sum deducted by us against your credit/debit card or bank/paypal account as soon as possible, but in any event within 30 days.


10. Liability

10.1 If any goods or services are defective due to defective workmanship or material, we shall (at our option) repair or replace such goods (or the defective part) or refund the price of such defective goods:

(a) you give us written notice of the defect within seven days of the date of delivery or completion of the services or, in the case of a defect which is not discoverable upon reasonable examination, within seven days of the time when you discover or ought to have discovered the defect (and in any event within twelve months from the date of delivery or completion of the services);

(b) we are given a reasonable opportunity after receiving notice to examine such goods and/or services (in situ) and (if asked to do so by us) you return such goods to our place of business for the examination to take place there;

(c) you do not make any further use of such goods after giving such notice;

(d) the defect is not due to wilful damage, negligence (other than ours), fair wear and tear, alteration or repair of such goods without our prior written consent or incorrect storage, application, movement, installation, commissioning, use or maintenance of the goods (other than by us); and

(e) the defect is not due to any act or omission of you, your agents or contractors.

10.2 Our entire liability for defective goods and services is set out in 10.1 and in particular we shall not be responsible for either the cost of removing the goods from any place where they are installed or fixed (or making good the place after removal) or for the cost of installing or fixing any repaired or replacement goods unless due to our defective service.

10.3 On request, we will provide information about any manufacturer’s guarantee offered and available to you in respect of the goods but we are not legally responsible for any obligation under manufacturer’s guarantees. Where the goods contain a warranty or guarantee offered by us please refer to the special conditions applicable on our website or available upon request.

10.4 Save as expressly set out in these terms, all warranties and other terms implied by statute or common law (save for the term implied as to title) are, to the fullest extent permitted by law, excluded from the contract.

10.5 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the contract price.

10.6 We shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or loss of anticipated savings, in each case whether direct, indirect or consequential, or any other indirect losses whatsoever and howsoever caused.

10.7 Nothing in these terms excludes or limits our liability for (a) death or personal injury caused by our negligence, (b) fraud or fraudulent misrepresentation; and (c) any other matter which it would be illegal for us to exclude.

10.8 Where goods are manufactured in compliance with any designs, specifications or drawings supplied by you or your customer, you shall indemnify us against all proceedings, costs, claims, losses or demands in respect of any infringement or alleged infringement of any intellectual property rights whatsoever of third parties in any part of the world.

10.9 We do not accept any liability for any order where we have suggested a suitable product.

10.10 We do not accept any liability for any loss, damage or injury arising as a consequence of any reliance placed upon the installation and/or calculation guides we provide, whether by a user of our Digital Services or by anyone who may be informed of their contents.


11. Notices

Unless we expressly state in these Terms and Conditions, all Notices from you to us, must be in writing and sent to our contact address at Ruby Uk Ltd, Burdon Lane, Highampton, Beaworthy, EX21 5LX. All Notices from us will be displayed on our website from time to time.


12. Changes to Legal Notices

We reserve the right to change these Terms and Conditions from time to time without notification and so we advise customers to check them on our Website before placing an order to check for any updates.


13. Law, Jurisdiction and Language

This website and any content contained therein and any contract brought into being as a result of usage of this website are governed and construed in accordance with English Law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.


14. Invalidity

14.1 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.


15. Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.


16. Third Party Rights

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

17. Sample Products

We offer free samples across a range of our products. Please note: we are only able to send out a maximum of 5 samples per product. In the case more than 5 samples are ordered, Ruby UK has the right to cancel the order or send out 5.