Terms and Conditions of Supply
We operate the website http://www.timbersource.co.uk. We are Timbersource Limited (“the Company”), a company registered in England and Wales under company number 04125551 and with our registered office at Quarry Way, Waterlip, Shepton Mallet, Somerset, BA4 4RN, United Kingdom. Our VAT number is 768604006.
These Terms will apply to any contract between us for the sale of Products to you to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Please read these Terms carefully and make sure that you understand them before ordering any Products from our Site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These terms were most recently updated on 31 March 2015.
These Terms, and any Contract between us, are only in the English language.
1.1 In these Terms, the following definitions apply:
Any person dealing with us other than a Consumer.
“Company”, “we”, “our”, or “us”
Timbersource Limited (as defined above).
An individual dealing with us for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession.
the contract between the Company and you for the sale and purchase of the Products in accordance with these Terms.
“Event Outside Our Control”
any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, acts of war or terrorism, fire, explosion, storm, flood or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport or default or non-performance of suppliers and/or subcontractors.
the products (or any part of them) listed on our website.
any bespoke specification for the Products requested by you including where Products are ordered to a certain finish, width, thickness, length or where Products are cut into separate pieces.
the terms and conditions set out in this document as amended from time to time.
the person who purchases the Products from the Company.
1.2 In these Terms, a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
2. Our Products
2.1 Any images of the Products on our Site are for illustrative purposes only. All timber contains natural defects and colour variations and we cannot, therefore guarantee that your computer's display of the colours accurately reflect the colour of the Products. The Products supplied to you may vary from those images.
2.2 Notwithstanding clause 2.1, wood is a naturally hygroscopic material which means that it will gain or lose moisture in sympathy with its surrounds. Timber shrinks as it dries and may increase in size again if wetted or subjected to increased humidity. Where appropriate wood based products may need to be conditioned by allowing them to stand in their end use environment for a period of time prior to installation. The correct specifications and moisture content at installation are absolutely essential to ensure the Products you have chosen perform to their highest standard.
2.3 Unless expressly agreed otherwise (either by the description of the particular Product detailed on our Site or confirmed in writing to you) and as measured at the time of leaving the Company premises, all sizes, dimensions and measurements indicated on our Site have a 10% tolerance.
2.4 The packaging of the Products may vary from that shown on images on our Site.
2.5 All Products shown on our Site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order as placed.
3. How we use your Personal Information
4. If you are a Consumer
This clause 4 only applies if you are a Consumer.
4.1 If you are a Consumer, you may only purchase Products from our Site if you are at least 18 years old.
4.2 As a Consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5. If you are a Business Customer
This clause 5 only applies if you are a Business.
5.1 If you are not a Consumer, you confirm that you have authority to bind any Business on whose behalf you use our Site to purchase Products.
5.2 These Terms constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in these Terms.
6. How the Contract is Formed Between You and Us
6.1 To place an order on our Site please follow the steps as outlined on the “Order Online Today” form on our homepage at www.timbersource.co.uk.
6.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3 or clause 6.4.
6.3 Subject to clause 6.4, we will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”) and the Contract between us will be formed when we send you such Dispatch Confirmation.
6.4 Where you request that the Products are manufactured to a Specification, we will confirm our acceptance to you by sending an e-mail that confirms that the Products are available and we can manufacture the Products to the Specification (“Specification Confirmation”). In these circumstances, the Contract between us will be formed when we send you the Specification Confirmation.
6.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount paid as soon as possible.
7. Our Right to Vary these Terms
7.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you; and
(b) changes in relevant laws and regulatory requirements.
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
8. Your Right of Return and Refund
This clause 8 only applies if you are a Consumer and provided that the Products have NOT been ordered to a Specification. If you are a Business or if your Products are ordered to a Specification, your only rights to cancel are set out at clause 13.
8.1 If you are a Consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 8.3. This means that during the relevant period if you decide for any reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. However, this cancellation right does not apply in the case of any Products made to a Specification.
8.2 Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
8.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following:
· one Product which is delivered in instalments on separate days.
· multiple Products which are delivered on separate days.
The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
Your Contract is for the regular delivery of a Product over a set period.
The end date is 14 days after the day on which you receive the first delivery of the Products.
Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
8.4 To cancel a Contract, you just need to let us know in accordance with clause 17.2 that you have decided to cancel.
8.5 If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you will be required to pay us an appropriate amount to reflect the reduction in value.
(b) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 8.9.
(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
8.6 Unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us. We estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.
8.7 If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8.8 We will refund you on the credit card or debit card used by you to pay.
8.9 If a Product has been delivered to you before you decide to cancel your Contract then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either return it to us via your own carrier or, if we have offered to collect the Product from you, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
8.10 Because you are a Consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a Consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9.1 Any estimated delivery date set out in the Dispatch Confirmation are approximate only and the time of delivery is not of the essence. The Company shall not be liable for any delay in the delivery of the Products where there is an Event Outside Our Control or you have failed to provide us with adequate delivery instructions. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
9.2 “Delivery” will be completed when either the Products are collected by you within three days of the Dispatch Confirmation or, where you have requested the Products to be delivered, on the Products arrival at the address notified by you to us on the agreed date for delivery.
9.3 The Products will be your responsibility from the completion of Delivery.
9.4 If you fail to accept delivery of the Products on arrival at the address notified by you to us for delivery on the agreed delivery date, the Company shall store the Products until delivery is rescheduled and may charge you for all related costs and expenses (including third party courier charges, storage and insurance).
9.5 If you fail to take delivery of the Products within three Business Days of the Company notifying you that the Products are ready for collection from our premises, then, except where such failure or delay is caused by an Event Outside Our Control or our failure to comply with our obligations under the Contract:
(a) delivery of the Products shall be deemed to have been completed at 9.00 am on the fourth Business Day after the Dispatch Confirmation; and
(b) the Company shall store the Products until delivery takes place, and may charge you for all related costs and expenses (including insurance).
9.6 If 10 Business Days after the day on which the Company notified you that the Products were ready for delivery you have not taken or accepted delivery of them (as applicable), the Company may at its discretion resell or otherwise dispose of part or all of the Products and, after deducting reasonable storage and selling costs and any shortfall below the price of the Products received by the Company on a resell, refund to you the price paid for the Products.
9.7 The Company may deliver the Products by instalments. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.
9.8 Once we have received payment in full, including all applicable delivery charges (if any) and the Products have been delivered to you, you own the Products.
10. International Delivery
10.1 We are usually able to deliver to countries outside of the United Kingdom (“International Delivery Destinations”). In the event that such delivery is required, please contact us prior to placing an order to confirm availability of Products, delivery arrangements, terms of delivery and any associated costs.
10.2 If you order Products from our Site for delivery to one of the International Delivery Destinations, your order may be subject to import duties, taxes and additional delivery charges which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
10.3 You will be responsible for payment of any such import duties, taxes and/or additional delivery charges. Please contact your local customs office for further information before placing your order.
10.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
11. Price of Products and Delivery Charges
11.1 The prices of the Products will be as quoted on our Site from time to time or emailed to you. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of Products you ordered, please see clause 11.5 for what happens in this event.
11.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation or Specification Confirmation (as applicable to you in accordance with clause 6
11.3 The price of a Product quoted on our Site includes UK VAT rate, ruling at the time.
11.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our Site from time to time.
11.5 Our Site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. For the avoidance of doubt, please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
12. How to Pay
12.1 You can pay for Products using a debit card, credit card or via Paypal. We accept all major Credit and Debit cards with the exception of American Express.
12.2 Payment for the Products and all applicable delivery charges is in advance and is taken at the point that you complete an online order.
13.1 The Company warrants that on delivery the Products shall:
(a) conform in all material respects with their description;
(b) be free from material defects in design, material (having regard to the grade(s) of the Products as detailed on the Site) and workmanship; and
(c) be fit for any purpose held out by the Company or made known to the Company by you expressly or by implication, and in this respect you rely on the Company’s skill and judgement.
13.2 Subject to clause 13.3, if:
(a) you give notice in writing to the Company that some or all of the Products do not comply with the warranty set out in clause 13.1 within:
i. 2 days of delivery where you are a Business customer; or
ii. 7 days after the day of delivery where you are a Consumer; and
(b) the Company is given a reasonable opportunity of examining such Products; and
(c) you (if asked to do so by the Company) return such Products to the Company’s place of business at your cost,
the Company shall, at its option, repair or replace the defective Products, or refund the price of the defective Products in full.
13.3 The Company shall not be liable for Products' failure to comply with the warranty set out in clause 13.1 in any of the following events:
(a) you fail to give notice in accordance with clause 13.2;
(b) you make any further use of such Products after giving notice in accordance with clause 13.2;
(c) the defect arises because you failed to follow the Company's oral or written instructions as to the storage, installation, use and maintenance of the Products or (if there are none) good trade practice regarding the same;
(d) the defect arises as a result of the Company following any drawing, design or Specification supplied by you; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.
13.4 Except as provided in this clause 13, the Company shall have no liability to you in respect of the Products' failure to comply with the warranty set out in clause 13.1.
13.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
13.6 These Terms shall also apply to any repaired or replacement Products supplied by us.
14. Our Liability if you are a Business Customer
This clause 14 only applies if you are a Business customer.
14.1 Nothing in these Terms limit or exclude our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation.
14.2 Subject to clause 14.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
14.3 Subject to clause 14.1 and clause 14.2 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products invoiced to you.
14.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
15. Our Liability if you are a Consumer
This clause 15 only applies if you are a Consumer.
15.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
15.2 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation.
16. Events Outside our Control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
16.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16.3 If the Event Outside Our Control prevents, hinders or delays the performance of any of our obligations under a Contract for a continuous period of more than four weeks, you or the Company may terminate this agreement by giving one week’s notice in writing to the other party.
17. Communications Between Us
17.1 When we refer, in these Terms, to "in writing", this will include e-mail.
17.2 Contacting us if you are a Consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you must let us know that you have decided to cancel. The easiest way to do this is to complete the Cancellation Form (click here) on our website. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. You can also email us at [email protected] or contact our Customer Services team by telephone on +44 (0) 1373 469905 or by post to Timbersource Limited, Quarry Way, Waterlip, Shepton Mallet, Somerset, BA4 4RN, United Kingdom. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send the email or post the letter to us.
(b) If you wish to contact us for any other reason you can contact us by telephoning our customer service team at +44 (0) 1373 469905 or by emailing us at [email protected].
(c) If we have to contact you or give you notice in writing, we will do so by email or by prepaid post to the address you provide to us in your order.
17.3 Contacting us if you are a Business Customer:
Any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three working days after the date of posting of any letter by first class post. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
18. Other Important Terms
18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.3 Except as set out in these Terms, any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by a director of the Company.
18.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
18.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.7 These Terms are governed by English law. This means a Contract for the purchase of Products through our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.