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Terms and conditions for the sale of goods
Version number: 1.0
Effective date: 20.02.2025
1. Introduction
1.1. This website is operated by Design Online Limited on behalf of the Sanderson Design Group of companies (collectively referred to as “Sanderson Group”), and the following Terms and Conditions of Sale (the “Terms”) govern the sale of goods (referred to hereinafter as “goods” or “products”) by Sanderson Design Group Inc. (hereinafter, “Sanderson USA”, “we”, “us” and “our” as context may require) to you via the US section of the site: https://www.wmorrisandco.com (the "Site"). The Site is available only for Consumer purchases made and delivered within the United States.
1.2. Your use of the Site to purchase products indicates your agreement to follow and to be bound by these Terms. You may not order or obtain products or services from the Site if you (a) do not agree to these Terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with Sanderson USA, or (c) are prohibited from accessing or using the Site or any of the Site’s contents, goods or services by applicable law.
1.3. Where we refer to “Consumer” in these terms we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession. Purchases on this site may only be for personal, family or household purposes, and it is prohibited to purchase any products from the Site for commercial purposes, including resale by you or any other person or entity. If you are shopping on the Site, you agree that you are shopping as a Consumer. Sanderson USA and the Sanderson Group expressly disclaim any warranty or claim for damages, consequential or otherwise, resulting from a purchaser’s intent or attempt to resell any Product purchased from the Site.
1.4. These Terms are subject to change by Sanderson USA without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any Product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
1.5. These Terms are an integral part of the General Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for goods or services through this Site.
1.6. You understand that by placing an order on the Site, you are accepting these Terms and you agree that these Terms will apply to your order and the contract between you and us in relation to your purchase of goods
2. Product Characteristics and Minor Variations in Products
2.1. A detailed description of our goods can be found on the Product pages on the Site. Note that the pictures and colours of the Products on the Site may differ from the physical article depending on your Internet browser settings or the device or monitor settings you use.
2.2. You acknowledge that most of our goods are dyed and that batches can vary slightly in colour and shade. Therefore, we do not guarantee that the colour or shade of any goods will be identical to any previous order or to any sample or to the way that the goods are displayed on the Site. Also, due to the print design of some pattern fabrics, it may be that any sample dispatched does not include the full range of colours or pattern design
2.3. The labelling or packaging of the goods you receive may differ from the images of these which you see on our Site.
3. Placing Your Order & Order Cancellation
3.1. All orders placed on the Site are subject to email confirmation by us; we may choose not to accept any orders in our sole discretion. Please note that the products displayed on the Site may be out-of-stock or discontinued, and availability is not guaranteed.
3.2. You agree that your order is an offer to buy, pursuant to these Terms, all products listed in your order. If accepted, your confirmation e-mail will contain your order number and details of the items you have ordered. Registered users may refer to the “My Account” section of the Site for the details of their order.
3.3. We are not obliged to supply any goods which are unavailable, even if we have entered into a legally binding contract with you. We will notify you of the unavailability as soon as possible and will arrange for a full refund if you have been charged.
3.4. Step-by-Step Description of Ordering Process:
3.4.1. You can place your order by using the ordering process on our Site. This involves selecting the goods, placing them in the shopping cart and transmitting the order to us by clicking on the “Pay Now” button. This process permits you to check and amend any mistake before making an order by using the change function and/or the internet browser back button.
3.4.2. You must ensure that your order and any other information you supply to us is correct and you must tell us immediately after placing an order if there are any changes you want to make to the order.
3.4.3. If we are making or supplying the goods to measurements you provide, you are responsible for making sure those measurements are correct.
3.4.4. A contract between you and Sanderson USA will come into effect when you receive a confirmation email from Sanderson USA. We will also send you a further email once the goods you have ordered have been dispatched.
5. Returns
5.1. We always recommend ordering samples of fabrics and wallpapers before placing an order. Please inspect your items when you receive them. For fabrics and wallpapers, please check you are happy prior to cutting or hanging. If your order arrives damaged or faulty, please let us know within 48 hours of delivery and refer to Section 9 below for additional assistance.
5.2. You have 30 days after delivery to return an item to us if it is eligible for return. Items must be returned undamaged and in their original packaging. Please be advised that the cost of returning an item is at your sole expense.
5.3. You can see specific returns conditions for each product on individual product pages. The following is a general guide per product category:
· Wallpaper. Sealed complete rolls of wallpaper may be returned. We cannot accept returns of wallpaper that has been printed to order.
· Fabric. Lengths of fabric are cut to order, and so are not returnable for lengths under 5 metres. For lengths over 5m we are able to accept returns of fabric, but this will be subject to a restocking fee of 25%.
5.4. Please refer to our Delivery and Returns Page for specific step-by-step instructions on how to return a product you have ordered on the Site
6. Shipping and Delivery
6.1. The purchased product(s) shall be delivered according to the method you choose at the time you place your order. The specific carrier shall be selected by Sanderson. Unless otherwise specified by Sanderson, delivery charges shall be borne by the purchaser and are indicated separately on the order form and confirmation.
6.2. Delivery will be complete when the products are delivered to the address which you specify when ordering. We may deliver different parts of your order on different dates.
6.3. Delivery is permitted in all the United States except Arizona, Illinois, and Missouri and is otherwise subject to any restrictions indicated on our delivery page
6.4. Unless otherwise stated, delivery dates given on our Site are estimates only. We are not responsible to you for any losses arising from a delay in delivery (a) to the extent that this is due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay or (b) if you haven’t given us adequate delivery instructions and this has caused a delay.
6.5. You agree to alert us in advance to any access restrictions that may affect delivery.
6.6. If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery. We may contact you in order to ask why the delivery was unsuccessful. If the delivery company returns the item to us because
they have been unable to deliver it, and the delivery company has not been at fault, we reserve the right to cancel the contract, in which case we will refund the price paid but excluding the delivery charge.
6.7. At the time of delivery of the products by the carrier, you (or a nominated adult representative) are required to verify: (i) that the number of items being delivered corresponds to that indicated in their shipping confirmation email; and (ii) that the packaging and its seals are intact, undamaged, not wet or altered in any manner.
6.8. Any damages to the packaging and/or the product, or discrepancies in the number of items or documentation must be immediately indicated in writing on the carrier’s delivery receipt. Except to the extent permitted under applicable laws, once the carrier’s delivery receipt has been signed and you have not raised any objection, you may no longer make any objection to the exterior characteristics of the delivered parcel.
7. Risk and Ownership
7.1. You become responsible for the goods once you have physically received the goods following delivery to you or to somebody identified by you to take possession of the goods
7.2. Ownership of the goods will not pass to you until we have received full payment for the goods, including applicable taxes plus delivery charges in full.
8. What to do if there is something wrong with your goods; Refund Policy
8.1. If you think there is something wrong with the goods, you must promptly contact our Sanderson Customer Service team at: https://www.wmorrisandco.com/contact/
8.2. Where there is something wrong with your goods and you have contacted the Sanderson Customer Service team to report this, we will ask you for information as to what is wrong with the goods. We may ask you to send us photographs and to email us a description of what is wrong, and we may also ask you to return the goods to us (and we will arrange and pay for the return of the goods) for us to inspect them in the case of alleged defects. If we agree that there is something wrong with your goods and the fault or damage in the goods wasn’t caused by your incorrect storage, handling or use of those goods, we will issue you a refund for the price of the goods and any delivery charges you have paid within 14 days beginning on the day on which we agree you are entitled to a refund. The refund will be made to you by the same means as payment for the goods, unless you agree otherwise. We will not charge any fee for issuing this refund.
9. Discount codes
9.1. We may offer discount codes from time to time in our sole discretion. All discount codes provide a discount which is applied to the price of the item excluding delivery charges. Such codes are not transferrable or redeemable for cash. Unless otherwise stated, any discount codes:
(1) are only available for new orders placed on the Site (they cannot be applied to previous orders already placed);
(2) can only be redeemed once per customer; and
(3) expire after 12 months.
9.2. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.
9.3. We reserve the right to reject any discount code if we consider that it is being used in breach of these terms or such other terms specific to such code. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
10. DISCLAIMER OF WARRANTIES
10.1. SANDERSON USA, ITS AGENTS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE PRODUCTS LISTED ON THE SITE NOR AS TO THE ITEMS BEING SOLD TO YOU.
10.2. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SANDERSON USA, SANDERSON GROUP AND THEIR AGENTS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION.
10.3. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
11. LIMITATION OF LIABILITY
11.1. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, SANDERSON USA, SANDERSON GROUP AND ITS AFFILIATES OR AGENTS WILL NOT BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS, INCLUDING IN THE EVENT THAT SANDERSON HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY; OR (B) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY.
11.2. FURTHER, OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR ANY DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR
WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR ANY PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
11.3. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
11.4. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited.
12. Intellectual Property Rights
12.1. Your purchase of goods from us does not give you any right to use or exploit any intellectual property rights relating to the goods.
12.2. All creative and intellectual property offered through the Site, including William Morris & Co. products, brands, and their images are protected by US and foreign copyrights and are either owned by Sanderson Group, or under license through third parties. The purchase of any product through the Site does not grant the purchaser license or any other right to use designs and their images independent of the materials themselves, or for any other derivative uses, without prior written approval by Sanderson Group.
13. Force Majeure & Events Outside Our Control
13.1. Sanderson USA shall not be responsible for any delays or failures to deliver orders due to force majeure (including, by way of example but not limited to, any unforeseeable and unavoidable fact or circumstance that is beyond our control, such as blocking of means of transport, earthquakes, fires, storms, floods, lightning strikes, interruptions in the telecommunication network, wars, blockades, strikes, epidemics, decrees by the authorities, etc.) or fortuitous event. We shall not be liable for any damages (direct or indirect), losses or costs incurred as a result of the delayed or non-performance of the contract for the sale of the products on the Site due to the aforementioned force majeure, and the sole remedy you shall have in such instance shall be a refund of the price paid if the purchased products cannot be delivered. If our supply of your goods is delayed by an event outside our control we will endeavour to contact you as soon as possible, to let you know and do what we reasonably can (if anything) to reduce the delay. We will not compensate you for the delay, but if the delay is likely to be substantial, you can contact our Customer Service Team to end the contract and receive a refund for any goods you have paid for, but not received.
14. Errors and Inaccuracies
14.1. Our goal is to provide complete, accurate, and up-to-date information on our Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.
15. Assignment
15.1. We may transfer all or part of our rights or duties under this agreement and any contract formed pursuant to these Terms to someone else provided we ensure that your rights under this agreement or relevant purchase contract are not reduced by the transfer.
15.2. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
16. Our Right to Reject Orders
16.1. Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because you are located outside our delivery areas, as stated on our Site, or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
17. Our Right to Cancel and Terminate the Purchase Contract
17.1. We may end this contract at any time by writing to you if: a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods you have ordered; b) you do not, within a reasonable time, allow us to deliver the goods ordered to you.
17.2. If we end the contract in any of the situations set out in Section 17.1 above and the manufacturing of the goods you have ordered has already started, we will provide you with a refund of sums you have paid but we may withhold from the refund a reasonable amount to reflect the costs we have incurred in the part-manufacture of the products, so you may not get all of your money back.
17.3. Ending this contract will not affect any existing rights and liabilities and all terms in this contract which are stated or intended to continue after termination will continue to apply.
18. Privacy
18.1. You acknowledge and agree that we may process your personal information in accordance with the terms of our Privacy & Cookies policy which is subject to change from time to time. Please consult the Privacy & Cookies Policy for information on the processing of Consumer personal data.
19. Applicable Law and Construction; Jurisdiction; Arbitration; Class Action Waiver
19.1. These Terms and any non-contractual obligations arising out of or in relation to the Terms shall be governed by and will be interpreted in
accordance with the laws of the State of New York, USA (without regard to its conflict of law provisions), except as otherwise provided under mandatory local legislation of your place of residence.
19.2. Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising out of or relating to these Terms or the breach, termination or validity thereof, and/or the relationships which result from these Terms (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto) (collectively, a "Claim") WILL BE RESOLVED, UPON THE ELECTION OF SANDERSON, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is not chosen, the Claim shall be submitted to the exclusive jurisdiction of the state and federal courts in the State of New York, County of New York, Borough of Manhattan. If arbitration is chosen by any party with respect to a Claim, neither Sanderson USA nor the consumer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved.
19.3. Class Action Waiver. To the fullest extent permitted by law, you agree that no class or collective actions can be asserted in arbitration or otherwise. All Claims, whether in arbitration or otherwise, must be brought solely in your individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding.
19.4. Notwithstanding any choice of law provision included in these Term, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place exclusively in the State of New York, New York County, Borough of Manhattan. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential.
19.5. THE ONLY CLAIMS EXCLUDED FROM THIS ARBITRATION PROVISION ARE CLAIMS FOR WHICH MANDATORY ARBITRATION WOULD BE INVALID AS A MATTER OF APPLICABLE LAW. AS A RESULT, THIS SUBMISSION OF DISPUTES TO ARBITRATION AT SANDERSON GROUP OR SANDERSON USA’S ELECTION MAY NOT APPLY TO YOU OR YOUR JURISDICTION.
19.6. In the event of any Claim, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including attorney’s fees, from the other party.
20. Changes and Updates to these Terms
20.1. These Terms may be periodically changed at the sole discretion of Sanderson USA and in consideration of any changes in the law as well. The modified General Terms and Conditions of Sale will be effective from their date of publication on the Site and are always and in any case binding for customers of the Site.
21. General
21.1. We may send all notices to you by email to the most recent email address you have supplied to us. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later).
21.2. If any provision of these Terms is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Sale remain in full force to the extent permitted by law.
21.3. The headings used in these Terms are for reference purposes only and do not have contractual or binding effect.
21.4. The terms and conditions set forth herein constitute the entire agreement and understanding between you and Sanderson USA with respect to the subject matter set forth in the Site and supersede all prior or contemporaneous communications or proposals, whether written or oral, and supersede all contrary representations contained in the Site, including but not limited to any statements of policy or answers to frequently asked questions.
21. Contact Us
If you need to contact us for any reason, or if you have any complaints, please contact us via the contact details shown below and our customer service team will do their best to assist you.
Design Online Ltd.
Paulton House, Paulton, Bristol, BS39 7SX
(201) 377-0404