Terms & Conditions
The Terms & Conditions outlined below are applicable to every order placed with Maison Roshi by every one of our valued customers. We want all of the conditions applicable to your order to be easily available to read, so that you can get on with enjoying your new purchase with complete peace of mind.
1. Definitions.
2. Orders and Acceptance
3. Payment.
4. Prices.
5. Delivery, Title and Risk.
6. Product Specification.
7. Trade Names & Trade Marks.
8. Warranties & Returns.
9. Maison Roshi’s Liability.
10. Health & Safety.
11. Force Majeure.
12. The Consumer Contracts Regulation 2014.
13. Errors & Omissions.
14. Ending your Contract.
15. Data Protection.
16. General Terms of Business.
17. Disputes
1. Definitions
1.1 “Business Customer” means a customer who is not a Consumer.
1.2 “Consumer” means an individual who is not acting for the purposes of his or her business or profession.
1.3 “Maison Roshi” means Maison Roshi Limited trading as Maison Roshi, also referred to as “we” or “us” in these terms and conditions.
1.4 “Catalogue” means the current catalogue of products stocked and services offered by Maison Roshi.
1.5 “Force Majeure” means any cause affecting the performance by Maison Roshi of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including, but not limited to, governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party and all other causes set out in Clause 11 below.
1.6 “Normal Working Hours” means 9am to 5pm on a Working Day. Maison Roshi is open (for sales only) on most Saturdays 10am to 3pm.
1.7 “Website” means www. Maisonroshi.com.
1.8 “Working Days” means Monday to Friday, excluding Bank or other Public holidays.
1.9 Please note special terms apply to Consumers, which prevail over the other provisions of these terms and conditions. Customers who are Consumers are referred to Clause 12.
2. Orders and Acceptance
2.1 All contracts of sale made by Maison Roshi shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party with whom Maison Roshi is dealing (“the Customer”).
2.2 Subject to clause 5.2, cancellation of orders by Business Customers is not accepted due to the number of orders dispatched on the same day the order is placed.
2.3 Cancellation of orders by Consumers will be accepted in accordance with The Consumer Contracts Regulations 2014. Nothing in these terms and conditions is intended to impinge upon a Consumer’s statutory or contractual rights to reject faulty goods.
2.4 All orders are subject to our acceptance and to availability of the goods ordered: Maison Roshi is entitled to refuse any order placed by you, for example because goods are unexpectedly out of stock, or because you are located outside our delivery areas or the goods are mispriced by us. Please note that an online order is only confirmed as being accepted once the order has been confirmed as accepted by email, rather than receipt of the order simply being acknowledged by email.
2.5 You undertake that:
a) All details you provide to us for the purpose of purchasing goods or services offered on our Web Site are accurate, current and complete (in particular, as to time, date and exact place of delivery), and
b) The credit or debit card you use to make a purchase from us is your own card or, in the case of Business Customers, your company’s card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services. We also reserve the right to ask for further identification documents relating to the card or cardholder address for fraud prevention purposes.
2.6 Please note that Maison Roshi may record and/or monitor inbound and outbound calls and electronic traffic for training purposes.
2.7 After you have placed your order, Maison Roshi will advise you of the cost of delivery and you will have the option to accept that cost or to arrange for collection from Maison Roshi.
3. Payment
3.1 Payment (including any delivery costs) is due before delivery commences.
3.2 Payment may be made by credit or debit card, cheque, PayPal and bank transfer.
3.3 Maison Roshi reserves the right to withhold delivery, charge interest or reject any order if there has been non-payment for goods within seven (7) Working Days of the date of your order or our reminding you in writing that payment is due.
3.4 Payment by cheque is acceptable only when an order is placed by a customer in person or over the telephone. In such circumstances, delivery or collection of goods will only be effected or permitted once such cheque has been cleared.
4. Prices
4.1 Goods and services, are invoiced at the price prevailing at time of order.
4.2 Maison Roshi reserves the right to modify the prices from time to time.
4.3 We pass on increases in VAT. If the rate of VAT changes between your order date and the date we supply the goods, Maison Roshi will adjust the rate of VAT you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
5. Delivery, Title and Risk
5.1 Following receipt of payment of the goods and any delivery costs, Maison Roshi shall use reasonable endeavours to dispatch goods by the date agreed in writing with the customer but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer via the email address provided and advise of the delay. A customer who is a Consumer shall be entitled to cancel an order and receive a refund for any goods you have paid for in advance, but not received when advised of a delay if the revised delivery date is not acceptable.
5.2 In the case of a Business Customer, if Maison Roshi is unable to deliver the goods within 30 days of the agreed delivery date, the Business Customer will, at its sole remedy, be entitled to cancel the order and require any monies paid to Maison Roshi in respect of that order to be refunded. In order to cancel, the Business Customer must send written notice of cancellation to Maison Roshi after the above date has passed but before delivery of the goods or notification from Maison Roshi that the goods are ready for delivery (whichever is the earliest). This Clause does not apply to Consumers.
5.3 In the case of Business Customers, Maison Roshi does not accept liability for shortages or damage to deliveries unless the Business Customer notifies Maison Roshi of the shortage or damage in writing within 48 hours of receipt of the delivery. Business Customers should notify Maison Roshi in writing of any shortage or damage within a reasonable period of becoming aware (but no more than 14 days from delivery) providing photographic proof.
5.4 Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.
5.5 Delivery is deemed to take place when the goods are delivered to the Customer’s nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
5.6 Title in the goods does not pass to any Customer until payment is received in full by Maison Roshi.
5.7 If any Customer cannot, does not or fails to accept delivery, Maison Roshi may at its option:
a) Store and insure the goods at the Customer’s expense and risk, and
b) re-arrange delivery provided that Maison Roshi may charge the Customer for the additional delivery costs incurred, orc) Sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall.
5.8 The Customer may request a Proof of Delivery, provided that this request is made in writing within two (2) months of the date of delivery and Maison Roshi shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
5.9 Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. Maison Roshi shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment. During the ongoing Covid-19 pandemic, please note that it may not be possible for delivery company employees to acquire a signature from the Customer, and that a photograph or similar measures will be used to confirm that delivery took place.
5.10 Special arrangements may be made in relation to delivery, for instance:
a) If your organisation requires health and safety paperwork to be completed prior to delivery, this must be requested in writing before you accept a delivery booking. Copies of public liability insurance are available free of charge, however Maison Roshi may charge a fee to cover the administration of more extensive paperwork requests such as RAMS.
b) If your organisation requires delivery teams to carry out on site health and safety briefings or training, this must be requested in writing before you accept a delivery booking. Maison Roshi may charge a fee to cover the additional staff time required to complete the on-site training.
c) If your organisation requires delivery teams to wear particular PPE (such as masks, high visibility jackets or hard hats) this must be requested in writing before you accept a delivery booking.
5.11 In the unlikely event of a no-show delivery, the customer is not entitled to claim compensation for any consequential loss on the original no-show day, as this is not a loss in a legal sense. However, the customer is entitled to claim for any extra days/mornings/hours that they subsequently take off to receive delivery. Please note that this does not apply in the case of an adverse event outside the control of Maison Roshi preventing the initial delivery.
6. Product Specification
6.1 Maison Roshi makes every effort to supply the goods as advertised in its Catalogue or on its Website, but (because its goods are handmade) it reserves the right to supply the goods subject to minor variations in actual dimensions and specifications, for instance, where these are changed by the manufacturer or are required to reflect changes in relevant laws and regulatory requirements or to make minor technical adjustments and improvements.
6.2 Maison Roshi may suspend the supply of one of its products. This might be necessary to deal with technical problems or to make minor changes, to update the product to reflect changes in relevant laws or regulatory requirements or to make other changes to the product.
6.3 If Maison Roshi cannot supply the goods ordered by the Customer, Maison Roshi reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to Maison Roshi in respect of that order, except carriage charges. This shall be the sole remedy of the Customer in these circumstances.
6.4 Maison Roshi has to adhere to the guidelines of any other manufacturer involved in the production of parts of the goods, including but not limited to, any stipulating that a given defect(s) are deemed acceptable before an item is accepted for replacement on grounds of fault.
7. Trade Names & Trade Marks
7.1 Trade names and marks (other than Maison Roshi) are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products.
7.2 Maison Roshi and the Business Customer/Consumer acknowledge the intellectual property rights of suppliers and manufacturers of the products appearing in Maison Roshi’s sales literature and on Maison Roshi’s website.
8. Warranties & Returns & Your Rights as a Consumer if you think there is something wrong with your goods
8.1 Please note that special terms apply to Consumers who wish to return goods, which prevail over the provisions of this Clause 8.
8.2 Maison Roshi is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.
8.3 If you purchase goods in the course of your business, the following provisions of this Clause shall apply. Other than the express provisions set out in these terms and conditions, all other terms and the implied terms or warranties relating to the supply of goods are excluded to the fullest extent permitted by law. Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
8.4 Subject to the right of Consumers to return goods for refund under The Consumer Contracts Regulations, Maison Roshi does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications (including dimensions) of products before ordering.
8.5 Under the Consumer Rights Act 2015, a Consumer has specific rights if the goods they purchase are not as described, fit for purpose or of a satisfactory quality. If the goods are considered
not as described or faulty, the customer has 30 days from delivery to submit written notification and a further 14 days to return the products. Refunds can then take up to 14 days to be processed. Please also note that general wear and tear, as well as accidental damage are not grounds for return unless the item was defective upon receipt. Under the Consumer Rights Act 2015, the customer is responsible for paying for any return postage on any delivery service beyond the standard, i.e., express or nominated day delivery.
8.6 Items purchased should be stored, used and maintained as advised in any documentation provided to the customer. Any damage to the item caused by improper storage, maintenance or use will not be acceptable grounds for return.
8.7 Subject to rights under the Consumer Rights Act 2015 and the Consumer Contracts Regulations, no contract shall be cancelled once accepted by Maison Roshi nor shall any goods which are delivered in accordance with the contract be returned without prior written approval of Maison Roshi and on terms to be determined at the absolute discretion of Maison Roshi.
8.8 Technical support staff or Customer Support staff, as appropriate, will advise you of which method of delivery to use to return the products. Depending on the nature of the product purchased, we will either arrange a courier collection at your cost, or request that you return the product directly to us. If the goods are found on inspection to be defective, the cost of returning the item will be refunded to you. Authorised product returns must be sent to: Maison Roshi, Excelsior Studios, Studio 43, 17-19 Sunbeam Road, London, NW10 6JP.
8.9 A goods Returns Authorisation Number (RAN) must be obtained from Maison Roshi for each and every return so that we are able to administratively process your return, otherwise we have no means of identifying the Goods being returned. This may result in difficulties in returning monies. The RAN must be clearly shown on each parcel returned and the goods must be in the original manufacturer’s packaging (which shall not be defaced) complete with accessories, manuals and documentation. Software packages must be returned unopened with the software seals intact. Except in the case of faulty goods, returned items not complying with these requirements will be rejected. Maison Roshi cannot accept liability for packages damaged during transit. It is the Customer’s responsibility to wrap the product adequately to prevent damage.
8.10 Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the goods for their full value.
8.11 On receipt of the returned product, if following the testing process, the product is found to be in good working order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with a replacement product before completion of the testing process, you will have to pay for this product also.
9. Maison Roshi’s Liability
10. Health & Safety
10.1 Maison Roshi confirms that the goods it supplies as a distributor do not present a hazard to health and safety as confirmed by the CE/UKCA markings displayed in the relevant product listings provided:
a) They are properly used for the purpose for which they are designed; and
b) The Customer takes reasonable and normal precautions in their use.
11. Force Majeure
11.1 Maison Roshi shall not be liable to the Business Customer/Consumer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of Maison Roshi’s obligations in respect of the goods, if the delay or failure was due to any cause beyond Maison Roshi’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond Maison Roshi’s reasonable control:
a) Act of God, explosion, flood, tempest, fire, collapse of buildings, natural disaster or accident;
b) War, threat of war, terrorist attack, sabotage, insurrection, civil disturbance, riot or requisition;
c) Acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
d) Import or export regulations or embargoes, imposition of sanctions, restrictions, quotas or prohibition, failure to grant a necessary licence or consent;
e) Strikes, lockouts or other industrial actions or trade disputes (Whether involving employees of Maison Roshi or of a third party);
f) Difficulty in obtaining materials, labour or machinery;
g) Power failure, interruption or failure of utility or data service or breakdown in machinery; and
h) Non-performance by suppliers or subcontractors (other than by companies in the same group as Maison Roshi).
11.2 If we are unable to provide you with your goods within a reasonable time due to circumstances outside our control, we shall either agree a new timescale with you for the delivery of the goods or either of us may decide to terminate the contract in which case we will return any prepayments that you have made in full.
12. The Consumer Contracts Regulations and Your legal right to Change your Mind – Refer to our Returns & Refunds Policy
12.1 Contracts for the purchase of goods by a Consumer and made over the telephone, through Maison Roshi’s website, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Contracts Regulations (‘the Regulations’). A Consumer has a legal right to change their mind about their purchase and receive a refund of what they have paid for it, including the initial delivery costs.
12.2 If the Regulations apply, Consumers may cancel goods purchased from Maison Roshi by sending a written notice of cancellation by post or hand delivery addressed to Customer Services at : Maison Roshi, Excelsior Studios, Studio 43, 17-19 Sunbeam Road, London, NW10 6JPor by e-mail to contact@maisonroshi.com. This is subject to some conditions:
a) You must notify Maison Roshi of your decision in writing within 14 days after the day we deliver your goods;
b) You must return the goods (including any free gifts provided with them) within 14 days of your telling us you have changed your mind. You must pay for the cost of return of the goods; and
c) Your item must be unused and in the same condition that you received it and in its original packaging. Software packages must be returned unopened with the software seals intact.
If the above deadlines are not observed, we do not offer any refunds.
12.3 You have to return the goods at your own cost. You can either bring the goods to our premises at Excelsior studios, Unit 43, 17-19 Sunbeam Road, London NW10 6JP with your email receipt and the card you paid with or send the goods back to us using an established delivery service using a Goods Returns Authorisation Number (see clause 8.9 above). If you arrange for delivery of the goods to us, you should keep a receipt or other evidence from the delivery service that proves you have sent the goods. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won’t refund you the price of the goods.
12.4 If the Consumer does not actually return the goods to Maison Roshi, the Consumer is under a duty to make the goods available for collection at the Consumer’s expense from the address to which they were delivered.
12.5 The Consumer is under a duty to retain possession of the goods whilst awaiting return to Maison Roshi and to take reasonable care of them during this period. The Consumer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.
12.6 The right to cancel does not apply to personalised goods or goods made to a consumer’s specification or requirement. To clarify, choosing the size, design, exterior finish, cloth colour or fabric of an arcade or associated product, when purchasing from Maison Roshi, is consistent with the definition of an item being built to the customer’s specification.
12.7 The successful return and refund of goods is subject to clearance by Maison Roshi as to the product’s condition.
12.8 If the conditions in clause 12.2 above are satisfied, we will refund the amount of your order including the initial standard shipping cost of your original delivery (excluding the costs of any express delivery or delivery at a particular time) if you paid for delivery. It will not cover your cost of returning the goods.
12.9 Refunds can take up to 14 days from receiving the goods back from you. We will refund you by the method you used for payment and we do not charge a fee for the refund.
13. Errors & Omissions
13.1 Maison Roshi makes every effort to ensure that all prices and descriptions quoted in its Catalogue and on its Website are correct and accurate. However, the frenetic tempo of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, Maison Roshi will be entitled to end the contract, notwithstanding that it has already accepted the Customer’s order and/or received payment from the Customer. Maison Roshi’s liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by Maison Roshi after the manifest error has been discovered.
13.2 A ‘manifest error’, as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by Maison Roshi which is more than 10% less than the price that would have been quoted had the mistake not been made.
14. Ending the Contract with You (Also refer to our Returns & Refunds Policy)
14.1 Maison Roshi can end our contract with you and claim compenation due to us if:
a) You do not make any payment to us when it is due and you still do not make payment within seven (7) Working Days of your order or our reminding you in writing that payment is due; or
b) You do not, within a reasonable time of us asking for it, provide us with delivery information; or
c) You do not, within a reasonable time, either allow us to deliver the goods to you or collect them from us.
15. Data Protection
Please note: Maison Roshi has a full and detailed Privacy Policy available on our Website. We use your personal data as set out in our Privacy Policy.
15.1 Website Security
Maison Roshi’s website employs the TSL (Transport Layer Security) encryption standard in all secure areas. Provided the Business Customer/Consumer is using an SSL-compliant browser such as Google Chrome, Microsoft Edge, Safari or Firefox, the Business Customer/Consumer is able to conduct encrypted transactions without fear of an intermediary obtaining the Business Customer/ Consumers credit card information.
15.2 Data Protection & Data Security
Data is maintained under the provisions of the General Data Protection Regulations 2018. Maison Roshi may contact the Business Customer/Consumer from time to time to verify and update the data Maison Roshi holds on the records of the Business Customer/Consumer.
15.3 Information Automatically Logged
Maison Roshi uses your IP (Internet Protocol) address to help diagnose problems with Maison
Roshi’s server and to administer Maison Roshi website. The Business Customer/Consumer’s IP address is also used to help gather broad demographic information. A disk-based cookie (non session) is used to identify the Business Customer/Consumer.
15.4 Registration and data sharing
Maison Roshi’s site registration and order form requires users to give Maison Roshi contact information (such as name and email), unique identifiers. This data is stored for use in all Maison Roshi’s marketing communications and analysis.
15.5 Maison Roshi will not share the Business Customer/Consumer’s email address or personal telephone number with any third parties apart from transport/courier firms that we partner with and finance companies for the purposes of meeting our contractual obligations.
16. General Terms of Business
16.1 Nothing in these terms and conditions affects your statutory rights as a Consumer.
16.2 If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
16.3 Any waiver of a breach of this Agreement must be in writing. This means if we delay in enforcing this Agreement, we can still enforce it later. We might not immediately chase you for not doing something (e.g., paying) or for doing something you are not allowed to, but that does not mean we cannot do it later.
16.4 Any variation of this Agreement must be in writing and signed by a duly authorised Maison Roshi official.
16.5 The headings are for convenience only and shall not affect the interpretation of this Agreement.
16.6 Assignment
You must not transfer any contract made with us under these Conditions, as it is personal to you, without prior written consent from us. This consent will not be refused without good reason. We can transfer our contract with you, so that a different organisation is responsible for supplying your goods.
16.7 Insolvency / Bankrupcy This clause applies if:
a) The Business Customer/Consumer makes any voluntary arrangement with its creditors or
(being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction);
b) An encumbrance takes possession, or a receiver is appointed of any of the property or assets of the Business Customer/Consumer; or
c) Maison Roshi reasonably apprehends that any of the events mentioned above is about to occur
in relation to the Business Customer/Consumer and notifies the Business Customer/Consumer accordingly.
If this clause applies then without prejudice to any other right or remedy available to Maison Roshi, Maison Roshi shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Business Customer/Consumer and if the Goods have been delivered but not paid for, the price.
17. Disputes
You have several options for resolving disputes with us.
Our complaints policy. Our Customer Service Team will do their best to resolve any problems you have with us or our products as per our Complaints Policy.
You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. Wherever you are based we can choose to claim against you in the courts of the country you live in or in the courts of the country where our registered office is situated.