Terms and Conditions
Terms of Sale
BACKGROUND:
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods and Bespoke Goods are sold by Us to consumers through this website, www.woodruffandholmes.co.uk (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods and/or Bespoke Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods and/or Bespoke Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods and/or Bespoke Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
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Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Bespoke Goods” means goods made or customised to order, sold by Us through Our Site;
“Contract” means a contract for the purchase and sale of Goods, as explained in Clause 8;
“Goods” means goods (that are not made or customised to order) sold by Us through Our Site;
“Order” means your order for Goods and/or Bespoke Goods;
“Order Confirmation” means our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and
“We/Us/Our” means Woodruff & Holmes Ltd, a company registered in England under 14801384 whose registered office is 21 Silver Street, Ottery St. Mary, Devon, United Kingdom, EX11 1DB.
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Information About Us
2.1 Our Site, www.Woodruffandholmes.co.uk , is operated Woodruff & Holmes Ltd, a limited company registered in England under 14801384, whose registered office is 21 Silver Street, Ottery St. Mary, Devon, United Kingdom, EX11 1DB.
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Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
Age Restrictions
4.1 Consumers may only purchase Goods and/or Bespoke Goods through Our Site if they are at least 18 years of age.
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Business Customers
5.1 These Terms of Sale do not apply to customers purchasing Goods and/or Bespoke Goods in the course of business.
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International Customers
6.1 Please note that we currently only deliver within the United Kingdom.
Goods, Pricing and Availability
7.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods and Bespoke Goods available from Us correspond to the actual Goods and/or Bespoke Goods that you will receive. Please note, however, the following:
7.1.1 Images of Goods and Bespoke Goods are for illustrative purposes only. There may be slight variations between the image of a product and the actual product sold due to differences in computer displays and lighting conditions and, in the case of Bespoke Goods, there may be minor variations resulting from your specific requirements especially wood where every piece is unique by nature ;
7.1.2 Images and/or descriptions of packaging are for illustrative purposes only; the actual packaging may vary.
7.1.3 Due to the nature of the Goods and Bespoke Goods sold through Our Site, there may be a variance in the size, dimensions, measurements, weight, of those Goods and/or Bespoke Goods between the actual Goods and/or Bespoke Goods and the description.
7.2 Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods and/or Bespoke Goods, not to different ones altogether. Please refer to Clause 11 if you receive incorrect Goods and/or Bespoke Goods.
7.3 Where appropriate, you may be required to select the required size and colour of the Goods and/or Bespoke Goods that you are purchasing.
7.4 If you order Bespoke Goods from Us, We will order them to your specifications and requirements, as detailed in the descriptions accompanying such products on Our Site. When you place an Order for Bespoke Goods, We will provide details of the information required from you.
7.5 When placing an Order for Bespoke Goods, please ensure that all information that you provide to Us is correct, accurate, and complete. Bespoke Goods are not subject to the cancellation rights detailed in section 9 below and so we cannot accept the return of any Bespoke Goods if that return is due to incorrect information provided by you. Please note that this does not affect your legal rights.
7.6 We cannot guarantee that Goods and/or Bespoke Goods will always be available.
7.7 Minor changes may, from time to time, be made to certain Goods and/or Bespoke Goods between your Order being placed and Us processing that Order and dispatching the Goods and/or Bespoke Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods or Bespoke Goods and will not normally affect your use of those Goods and/or Bespoke Goods. However, if any change is made that would affect your use of the Goods and/or Bespoke Goods, suitable information will be provided to you.
7.8 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated on receipt of increases from our suppliers. Changes in price will not affect any order that you have already placed.
7.9 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it.
7.10 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods and/or Bespoke Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 7 days, We will treat your Order as cancelled and notify you of this in writing.
7.11 In the event that the price of Goods and/or Bespoke Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
7.12 Delivery charges are not included in the price of Goods or Bespoke Goods displayed on Our Site. Delivery options and related charges will be presented to you as part of the order process.
7.13 All products are subject to availability.
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Cancellation
8.1 In line with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, You have the right to cancel any order you have made with us on our website within 14 days starting the day of receipt of the goods by yourself or the place where they have been delivered to. This can be done by email at our email address in the contacts section. Any clear indication sent to us in writing via email, letter or other written communication will count as notification of your right cancellation. Regarding the time you have to cancel the contract, exercising your right to cancel is deemed to have been made on the day you send the notice of cancellation in whatever form. We will confirm we have received your cancellation notice and of any subsequent actions to be taken where required.
8.2 This right does not extend to Bespoke Goods.
8.3 Following cancellation you will return the goods to us at your earliest convenience or within 14 days of starting from the day after we have confirmed we have received your cancellation notice.
8.4 The cost of returning the goods is borne by the customer, you can arrange your own courier or We can organise this for you at a charge.
8.5 If you intend to cancel then you are required to keep the goods in the good condition you received them. We have the right to deduct an amount from any reimbursement if you have diminished the value of the goods by handling them beyond what is necessary to establish their nature, characteristics and function. What is deemed handling beyond necessary is decided on a case by case basis. Contact us if you have any questions relating to what could be deemed handling beyond necessary prior to your order.
8.6 We will then refund you the cost of goods paid at the time of your order, including our delivery to you, not later than 14 days starting the day after we have received the goods back in our possession, or from the date you send us proof of postage or similar that the goods are on their way back to us. We will only refund standard delivery costs for the goods and not additional delivery costs purchased. We will notify you when we have received the goods back in our possession or confirm receipt of your return proof of postage.
8.7 Any refunds due under this section or for any reason will be made using the same payment method that you used when ordering the Goods.
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Our Liability to Consumers
9.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
9.2 We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods and/or Bespoke Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
9.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
9.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
Events Outside of Our Control (Force Majeure)
10.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic, other natural disasters, or any other event that is beyond Our reasonable control.
10.2 If any event described under this section occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
10.2.1 We will inform you as soon as is reasonably possible;
10.2.2 We will take all reasonable steps to minimise the delay;
10.2.3 To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
10.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods and/or Bespoke Goods as necessary;
10.2.5 If an event outside of Our control occurs and you wish to cancel the Contract as a result, you may do so by contacting Us via our contact details below.
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Communication and Contact Details
11.1 If you wish to contact Us with general questions or complaints, or wish to exercise your right to cancel, you may contact Us by telephone at 07976567746 by email at hello@woodruff&holmes.co.uk , or by post at Woodruff & Holmes Ltd, 21 Silver Street, Ottery St. Mary, Devon, United Kingdom, EX11 1DB.
Complaints and Feedback
12.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint. If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the ways detailed in section 11 above.
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How We Use Your Personal Information (Data Protection)
13.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of The Data Protection Act 2018 and the UK General Data Protection Regulation.
13.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy Policy.
Other Important Terms
14.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
14.2 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
14.3 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
14.4 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you will be affected and are not happy with them.
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Law and Jurisdiction
15.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
15.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing takes away or reduces your rights as a consumer to rely on those provisions.
15.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts.