WoodenSTEEL | Terms and Conditions
GENERAL TERMS & CONDITIONS
1. THESE TERMS
1.1. These are the terms and conditions on which we supply products to you.
1.2. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3. These conditions shall apply to all contracts unless expressly varied in writing by us.
1.4. In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
1.4.1 you are an individual; and
1.4.2 you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.5. In these terms ‘Business Day’ means a day other than a Saturday, Sunday or public holiday in England, when banks in England are open for business.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
- We are WoodenSteel Ltd a company registered in England and Wales. Our company registration number is 12261549 and our trading address is at 5 West Court, Enterprise Road, Maidstone, Kent, ME15 6JD, United Kingdom. You can access our details on our website at www.woodensteel.co.uk.
- You can contact us by telephoning our client services team by writing to us at email@example.com or to 5 West Court, Enterprise Road, Maidstone, Kent, ME15 6JD, United Kingdom.
- If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- When we use the words “write” “writing” or “written” in these terms, this includes emails.
3. BASIS OF CONTRACT
- Your order is deemed accepted by us when we write to you to accept it at which point a contract will come into existence between you and us.
- If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. We will refund the deposit or total amount paid (as applicable) as soon as reasonably practicable and if you are a consumer within fourteen (14) days of notifying you we cannot accept your order.
- If you are a business customer these terms and the purchase order constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, warranty, promise or representation made or given by or on behalf of us which is not set out in these terms and the purchase order and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
- Any samples, images, drawings, descriptive matter, or advertising produced by us and any descriptions or illustrations contained in our catalogues, brochures or on our website are produced for the sole purpose of giving an approximate idea of the products described in them. Your product may vary slightly from those images, samples and drawings and although we will make every effort to be as accurate as possible, our products are handmade, therefore all sizes, weights, capacities, dimensions and measurements indicated on our website and brochure may have up to a 5% tolerance.
- If we are making the product to measurements you have given us, you are responsible for ensuring that these measurements are correct. You can find useful information on how to measure on our website, or simply contact us.
- If you are a business customer a quotation given by us to you shall not constitute an offer. A quotation shall only be valid for a period of fourteen (14) Business Days from its date of issue.
4. YOUR RIGHTS TO MAKE CHANGES
- If you wish to make a change to the product you have ordered, please contact us at firstname.lastname@example.org. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm in writing whether you wish to go ahead with the change.
5. OUR RIGHT TO MAKE CHANGES
We may make minor changes to the product:
1.5.1 which are necessary to ensure they conform with any applicable safety or other statutory requirements; and/or
1.5.2 to implement minor technical adjustments and improvements, for example to correct errors in the description of the product.
6. DELIVERING THE PRODUCTS
- We will contact you to agree an estimated delivery date, which will typically be within 6-8 weeks from the day on which we accept your order.
- If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- Delivery will be deemed complete when the products are delivered to your premises or such other location as set out in the order or as agreed with you before delivery. If you are due to collect the product, then delivery will be deemed complete when the product is collected from our premises or other agreed collection point.
- If you are a business customer delivery dates are given in good faith but are not guaranteed and time of delivery shall not be of the essence.
- The costs of delivery will be as told to you during the order process/ set out in our current price list and/or on our website.
- If you do not pay us for the products when you are supposed to and you still do not make payment within fourteen (14) days of us reminding you that payment is due we may suspend scheduled deliveries until you meet the payment terms under clause 12 . As well as suspending delivery of the products we can also charge you interest on your overdue payments as set out in clause 12.6.
- It is your responsibility to ensure items purchased can fit through internal and external access points including passages, stairwells, landings, doorways and any other relevant zones on the way to the destination room or exterior space. We hold no responsibility for items not fitting in the premises.
- For delivery purposes, due to the heavy-weight nature and size of some of our products, we manufacture a number of our indoor and outdoor furniture for assembly on site in case there is restricted access to your premises. It is vital however that you give us this information when placing an order as later changes to the design will be charged.
- If we are unable, for whatever reason, to deliver the product on the confirmed delivery date or if you fail to collect the product from our premises as arranged, we will contact you for further instructions. We reserve the right to charge you further for storage costs (in accordance with clause 6.13), insurance costs and any subsequent delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
- If we are unable, for whatever reason, to deliver the product on the confirmed delivery date or if you fail to collect the product from a delivery depot as arranged, we will contact you for further instructions. We reserve the right to charge you further for storage costs (in accordance with clause 6.13), insurance costs and any subsequent delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
- Most items will be delivered on a pallet/crate and unloaded at your doorstep by our carefully selected couriers for customers to independently move to their desired location. For specified ‘installation’ items, regarded as heavy-weighted and assembly necessary designs (as outlined on each product webpage), our highly trained team will be on hand at point of delivery to unpack and assemble your item, where necessary. if you wish we will remove all packing materials from your home and recycle wherever possible. We are not able to take away your old furniture.
- If you are asked to collect the products from our premises, we will specify a day and a time to do so. Generally, you can collect them from us at any time during our working hours of 9:00 AM to 5:00 PM on weekdays (excluding public holidays).
- Without affecting the remedies set out in clause 6.9, at our discretion we may offer to store the products for up to 2 weeks following completion of manufacture of your order, free of charge. Thereafter we reserve the right to apply a discretionary charge for on-going storage, which will be calculated at a rate of 3% of the total sold value of the products (including VAT) per calendar month, and pro-rata for any days or weeks within a monthly cycle, up to the date of delivery.
7. INSPECTION AND ACCEPTANCE
- Upon delivery or collection, you must sign and date the delivery/collection note. It is your responsibility to check the items to ensure the products delivered or collected are as ordered, the correct quantity and that they are of satisfactory quality at the time of delivery or collection.
- In the event of any discrepancy whatsoever, you must notify us immediately upon delivery or collection by writing the discrepancy on the delivery/collection note. Unfortunately writing “unexamined” or “unchecked” will not be acceptable. If the item is damaged, please retain the packaging. All claims for loss or damage must be made before the end of the next working day.
- In all events, the limits of liability for any fault or defect shall not exceed the purchase price of the item.
8. TITLE AND RISK
- You own a product once we have received payment in full for the product and any other product or service, we have supplied to you in respect of which payment has become due.
- If you are a business customer, you shall not sell the products or part with possession of the products, until you become the owner of the products. We may, for purposes of recovery, enter any premises where the products are stored to recover them.
- The product shall become your responsibility on completion of delivery to the address you gave us, or you collect it from us.
9. YOUR RIGHTS TO END THE CONTRACT
- Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer.
- Even if we are not at fault and you do not have a right to change your mind, you can always end the contract for the supply of a product before it has been completed, but you may have to pay us compensation. A contract for a product is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know but we may charge you for doing so, as described below. Of course, you always have rights where a product is faulty or mis-described (see clause 11, “If there is a problem with the product”).
- If you are ending a contract for a reason set out at 9.3.1 to 9.3.4 below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:9.3.1. we have told you about an upcoming change to the product or these terms which you do not agree to;9.3.2. we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;9.3.3 there is a risk that supply of the products may be significantly delayed because of events outside our control; or9.3.4. you have a legal right to end the contract because of something we have done wrong.
- Subject to clause 9.5, if you are a consumer for most products bought online you have a legal right to change your mind within fourteen (14) days beginning on the day after you receive the products subject to the products being properly packed and returned in the same unused condition supplied. Damaged products (caused by your handling) cannot be accepted for return.
- If you are a consumer, the right to change your mind does not apply to products supplied to your specific specification and which have been made to order or which have been personalised, nor does it apply to services, once these have been completed, even if the cancellation period is still running.
- To end the contract with us, please let us know by email. Email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- If you end the contract after products have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us. You must either return the product in person to where you bought them, deliver them back to us at our manufacturing premises or (if they are not suitable for posting) allow us to collect them from you. If you are a consumer exercising your right to change your mind you must send off the product within fourteen (14) days of telling us you wish to end the contract. When you are exercising your legal rights to end the contract because of something we have done wrong we will pay the costs of return. In all other circumstances, you must pay the costs of return. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.
- Any product that has been damaged or altered by you or a third party cannot be returned or refunded.
- Products are all made to order, therefore without affecting your statutory rights, products can only be returned should the product contain faults.
- Should you return a product and upon examination, we find that there is a discrepancy in the reason for the return of the product, then we shall reserve the right to refuse the credit.
- Refunds, exchanges, or credit notes are not available for products sold on made to order, bespoke products or products that are stated as clearance or “sold as seen” (including ex-display products). In relation to such products:(a) prices marked are final and non-negotiable;(b) no guarantees apply; and(c) collection and delivery of such products is your sole responsibility. To arrange a collection please contact us on firstname.lastname@example.org.
- We will make any refunds due to you as soon as possible and, if you are a consumer, within fourteen (14) days of the day you gave notice of cancellation. We usually refund any money received from you using the same method as originally used by you to pay for your purchase.
- If a fault is discovered after you have exported the products outside United Kingdom, it is your responsibility to return the product to the UK at your own cost for inspection. If a repair or replacement is produced by us, it will only be delivered to a United Kingdom destination. If you then wish for the products to be exported, it will be your responsibility to do so at your own cost and risk. For export orders, it is therefore recommended that inspection takes place in the United Kingdom prior to shipment.
10. OUR RIGHTS TO END THE CONTRACT
- We may end the contract for a product at any time if:(a) you do not make any payment to us when it is due, and you still do not make payment within seven (7) days of us reminding you that payment is due;(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your full name, e-mail, contact number and address;(c) you do not, within ten (10) Business Days, allow us to deliver the products to you or collect them from us;(d) you do not, within ten (10) Business Days, allow us access to your premises to supply the services.
- Subject to any rights under consumer law that you may have, you must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1. we will refund any money you have paid in advance for products we have not provided and processed i.e. you cancel after we have ordered stock and material from supplier, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- We may need certain information from you so that we can supply the products to you, for example, your name, address and contact number. We may contact you in writing or on the phone to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
- We may write to you to let you know that we are going to stop providing the product. We will let you know in advance within reasonable time of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided subject to the restocking fee.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
- If you have any questions or complaints about the product, please contact us. You can reach our customer services team by writing to us at email@example.com.
- We warrant that on delivery and for a period of  months from the date of delivery (warranty period) any product shall conform in all material respects with their description and be free from material defects in design, material and workmanship. The warranty excludes normal wear and tear, legs and mechanisms.
- Subject to clause 11.5, if you give us notice in writing during the warranty period and within a reasonable time of discovery that a product does not comply with the warranty set out in clause 11.2 and we are given a reasonable opportunity of examining such product, and you return such product to us at our cost, we shall at our option, repair or replace the defective product, or refund the price of the defective product in full.
- We will only replace like for like, therefore you cannot change any of the sizes or styles. Upon a return, if a change is requested, you will incur further costs. Please write to us at firstname.lastname@example.org to request a quotation.
- The company reserves the right using its discretion to recreate the made to order product in the exact same specification, design, colour and finish and no variations are permitted.
- We will not be liable for a product’s failure to comply with the warranty in clause 11.2 if:11.6.1 you make any further use of such product after giving a notice in accordance with clause 11.3;11.6.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, use or maintenance of the product or (if there are none) good trade practice;11.6.3 the defect arises as a result of us following any drawing, design or specification supplied by you;11.6.4 you alter or repair the product without our written consent; or11.6.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
- Except as provided in this clause 11, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 11.2.
- These terms shall apply to any repaired or replacement products supplied by us under clause 11.5.
- If you are a consumer, clauses 11.1 to 11.7 are subject to your rights under consumer law. We are under a legal duty to supply products that are in conformity with this contract. See below for a summary of your key legal rights in relation to the product.Nothing in these terms will affect your legal rights.This is a summary of your key legal rights.These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.If your product is goods, for example furniture, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:(a) up to 30 days: if your products are faulty, then you can get an immediate refund.(b) up to six months: if your products can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.(c) up to six years: if your products do not last a reasonable length of time you may be entitled to some money back.If your product is services, for example installation services the Consumer Rights Act 2015 says:(a) you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill or get some money back if we can’t fix it.(b) if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.(c) if you haven’t agreed a time beforehand, it must be carried out within a reasonable time
- If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at email@example.com to arrange collection.
12. PRICE AND PAYMENT
- The price of the product (which includes VAT) will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing.
- If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we may use our discretion to charge the higher amount. We also reserve the right to reject an order and refund your money in full prior to deliver if the incorrectly priced item has a significant difference from correct price in excess of £100.00.
- When you must pay and how you must pay:12.4.1 all payments must be made through our payment gateway on www.woodensteel.co.uk;12.4.1 you must pay 100% of the total price at the time of placing an order, orders will not be processed or accepted unless full price is paid
- If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
- If you do not make any payment to us by the due date, we may charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate unless otherwise agreed by the from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- If you are a business customer orders for export outside the EU require proof of shipment, which is your responsibility to provide to the us. VAT will be refunded to you once proof of shipment is received.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- If you are a consumer and we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking of this contract or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are of satisfactory quality.
- If we are providing services in your property, we evaluate to make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
- We are not liable for business losses. If you are a consumer, we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clauses 13.6 and 13.7.
- If you are a business customer, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are to the fullest extent excluded.
- If you are a business customer we will not under any circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss such as (but not limited to) loss of profit, pure economic loss, loss of market, loss of business, depletion of goodwill and similar loss, costs, damages, charges or expenses caused or the consequences of delay of delivery or collection, arising under or in connection with any contract between us.
- If you are a business customer our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the price of products you have placed an order for.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
15. OTHER IMPORTANT TERMS
- We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are a consumer and you are unhappy with the transfer you may contact us to end the contract within fourteen (14) days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
- You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Unless stated otherwise in this agreement, nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, we can still require you to make the payment at a later date.
- These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
- If you are a business customer the sale of our products to you does not confer any right of license upon you to use, exploit, or to otherwise utilise any intellectual property right subsisting in or relating to the product of which we are otherwise entitled to. The unauthorised copying of any of our designs, which are protected by design copyright, may give rise to legal action.