Please read the following important terms and conditions before you buy anything from us over the telephone or at our premises and check that they contain everything which you want and nothing that you are not willing to agree to. These are the terms and conditions referred to on the front of our invoices for goods sold to you.
Summary of some of your key rights:
By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI2013/3134 say that we must give you certain key information before a legally binding contract between you and us is made (see below). We will give you this information in a clear and understandable way. Some of this information is likely to be obvious from the context. Some of this information is also set out in this contract, such as information on our complaint handling policy.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund. You may cancel your order before we despatch the goods by contacting us. If you have paid the price for the goods (in whole or in part) under Clause 7, the payment will be refunded to you within 7 days. This does not apply to bespoke or customised goods or goods which are specially made for you to your own description and specification. We will only accept an order cancellation for such goods if we have not yet begun making or altering the goods.
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 you're entitled to the following:
up to 30 days: if your goods are faulty, then you can get a refund;
up to six months: if they can't be repaired or replaced, then you're entitled to a full refund, in most cases
up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.
However, see Clause 8.7 about the need to treat goods with appropriate preservatives and the exception to the above rights to a total or partial refund if the goods become infected or contaminated after delivery;
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.
These terms and conditions apply when you and we enter into a contract at our premises and set out:
· your legal rights and responsibilities;
· our legal rights and responsibilities; and
· certain key information required by law.
These terms and conditions apply to all sales of goods by us and shall prevail over any other terms or conditions contained or referred to in your order or in correspondence or elsewhere or implied by trade custom, practice or course of dealing unless such other terms or conditions are specifically agreed in writing by one of our Directors. No variation or exclusion of these conditions shall be effective unless specifically agreed in writing in advance by one of our Directors.
In these terms and conditions:
· We, us or our means Good Bros (Timber Merchants) Limited, a company incorporated in England and Wales with registration number 02631409, having its registered office at West Lodge, Rainbow Street, Leominster, Herefordshire HR6 8DQ and operating from premises at Mortimers Cross, Leominster Herefordshire HR6 9TQ; and
· You or your means the person attending at our premises for the purposes of buying goods from us.
· Our premises means our premises at Mortimers Cross, Leominster Herefordshire HR6 9TQ
· Your premises means the address to which we agree with you to deliver the goods
· Goods means the goods we agree to sell to you and you agree to buy from us
· Data Protection Legislation means up to but excluding 25 May 2018, the Data Protection Act 1998 and thereafter (i) unless and until the GDPR is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998;
· GDPR means General Data Protection Regulation ((EU) 2016/679
If you don't understand any of these terms and conditions and want to talk to us about them, please contact us by:
· Discussing them with our staff at our premises
· Email to email@example.com; and
· Telephone 01568 708382
· Staff are available to deal with your emails and phone calls between 8 am and 5 pm on Monday to Friday each week except bank holidays.
· We may record calls for quality and training purposes.
Do you need extra help?
If you would like these terms and conditions in another format (for example: audio, large print, braille) please contact us using the contact details above.
Who are we?
We are registered in England and Wales under company number 02631409.
Our registered office is at West Lodge, Rainbow Street, Leominster, Herefordshire HR6 8DQ
Our VAT number is: 133551002 .
We are a Timber Merchants specialising in the supply of Oak.
We are also a retailer approved by HETAS to advise on the suitability of stoves etc, but not on their fitting or installation. HETAS is a not-for-profit organisation that approves biomass and solid fuel heating appliances, fuels and services, including the registration of competent installers and servicing businesses.
For more details of what this means for you, click here http://www.hetas.co.uk
1.1 If you buy goods at our premises you agree to be legally bound by these terms and conditions.
1.2 These terms and conditions are only available in English. No other languages will apply to them.
1.3 When buying any goods you also agree to be legally bound by specific terms which apply to certain goods. If you want to see these specific terms, please check against the relevant goods at our premises. They form part of these terms and conditions as though set out in full here.
2 INFORMATION WE GIVE YOU
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made (see the summary box below). We will give you this information in a clear and understandable way. Typically we will do this in store before you buy the goods from us. Some of this information is likely to be obvious from the context. Some of this information is also set out in these terms and conditions, such as information about our complaint handling policy (see clause 12.
Information we will give you
We will give you information on:
The main characteristics of the goods you will buy
Who we are, where we are based and how you can contact us
The total price of the goods including any taxes (or where this cannot reasonably be worked out in advance, the manner in which we will work out the price)
All additional delivery charges (or where these cannot reasonably be worked out in advance, the fact that such additional charges may be payable and the basis of their calculation)
The arrangements for payment, delivery, performance, and the time by which we will deliver the goods
Our complaint handling policy
The fact that we are under a legal duty to supply goods that are in conformity with the contract
A copy of any manufacturer’s guarantee in respect of the Goods, the benefit of which is to be given to you on payment for them
2.2 The key information we give you by law forms part of these terms and conditions (as though it is set out in full here).
2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
3 ORDERING GOODS FROM US
3.1 Below, we set out how a legally binding contract between you and us is made:
3.1.1 Any quotation given by us before you make an order for goods is not a binding offer by us to supply such goods.
3.1.2 When you decide to place an order for goods with us, this is when you offer to buy such goods from us.
3.1.3 When you place your order with us, we will acknowledge it in store by either orally or in writing or by email. In the case of an order placed over the telephone we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
3.1.4 We may contact you to say that we do not accept your order. This is typically for the following reasons:
184.108.40.206 the goods are unavailable;
220.127.116.11 we cannot authorise your payment;
18.104.22.168 you are not allowed to buy the goods from us;
22.214.171.124 we are not allowed to sell the goods to you;
126.96.36.199 you have ordered too many goods; or
188.8.131.52 there has been a mistake on the pricing or description of the goods.
3.1.5 We will only accept your order when we email you to confirm this (Confirmation Email) or if we are able to accept it while you are at our premises by the issue of an invoice or till receipt. At this point:
184.108.40.206 a legally binding contract will be in place between you and us; and
220.127.116.11 we will dispatch or hand to you at our premises (whichever is applicable) the goods to you.
3.2 If you are under the age of 18 you may not buy any goods from us.
3.3 If any provision or part of a provision of the contract is found by any court, or other body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable or unenforceable it shall to the extent of such illegality, invalidity, voidness, voidability or unenforceability be deemed severable and the remaining provisions of the contract and the remainder of such provision shall continue in full force and effect.
3.4 You acknowledge that you do not rely on, and waive any claim for breach of, any representations made by our employees or agents. Any estimate of quantities needed or advice or recommendation as to the suitability or fitness of any goods for any particular purpose given by our employees or agents, is given without liability on our part. You will be entirely responsible for ascertaining the quantities required and the suitability and fitness of the goods for your required purpose.
4 RIGHT TO CANCEL THIS CONTRACT
4.1 Except in the case of bespoke or customised goods or goods which are specially made for you to your own description and specification, you have the right to cancel the contract within 14 days without giving any reason.
4.2 The cancellation period will expire after 14 days from the day you collect or we deliver the goods.
4.3 In the case of goods that are bespoke or customised goods or goods which are specially made for you to your own description or specification you have the right to cancel the contract ONLY if you cancel it before we have started to make or alter the goods.
4.4 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email). You can use the model cancellation form set out in the box below, but it is not obligatory.
To Good Bros (Timber Merchants) Limited, Mortimers Cross, Leominster Herefordshire HR6 9TQ, email firstname.lastname@example.org, telephone 01568 708382.
I/We [name of buyer] hereby give notice that I/We cancel my/our contract of sale of the following goods,
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
4.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
5 EFFECTS OF CANCELLATION
5.1 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
5.2 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
5.3 We will make the reimbursement without undue delay, and not later than:
5.3.1 14 days after the day we received back from you any goods supplied; or
5.3.2 (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
5.3.3 if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
5.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
5.5 If you have received goods:
5.5.1 You must send back the goods or hand them over to us at Mortimers Cross, Leominster Herefordshire HR6 9TQ without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
5.5.2 You will have to bear the direct cost of returning the goods.
5.5.3 You are only liable for any diminished value of the goods resulting from the handling, machining or otherwise fitting or using the goods except to the extent that is necessary to establish the nature, characteristics and functioning of the goods.
6 DELIVERY, RISK AND TITLE
6.1 We use third party courier services and our own transport facilities to deliver our goods. If you want to know your delivery options, please ask us before you place your order.
6.2 The estimated date and time window for delivery of the goods will be either set out in the Confirmation email (see clause 3.1.5) or advised to you at our premises or by telephone.
6.3 If something happens which:
6.3.1 is outside of our control; and
6.3.2 affects the estimated date of delivery;
we will let you have a revised estimated date for delivery of the goods.
6.4 Delivery of the goods will take place when we deliver them to your premises.
6.5 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:
6.5.1 let you know;
6.5.2 cancel your order; and
6.5.3 give you a refund.
6.6 If nobody is available to take delivery, please contact us using the contact details at the top of this page.
6.7 You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods or at the time of delivery at your premises (as the case may be).
6.8 We do not make deliveries to any addresses outside of the UK.
6.9 We may deliver your goods in instalments but will agree this with you at the time the contract is made.
6.10 Delivery will occur when the goods are ready for unloading at your premises, or when you take possession of the goods at our premises whichever is the earlier. Delivery dates or times mentioned in any quotation or acceptance form or elsewhere are approximate only and we shall not be liable to you for any failure to deliver on any particular date or dates, or at any particular time, nor shall time be of the essence of any contract.
6.11 Where we deliver to site it is on the understanding that there is a suitable road to the point on the site where delivery is requested. If no such road exists delivery will be made to the nearest point to which, in the opinion of the driver, the vehicle can safely proceed and unload.
6.12 Except if the delivery vehicle is equipped with a vehicle mounted crane, you will provide all necessary labour and equipment required to unload vehicles promptly and will indemnify us against any cost, claim, loss or damage arising from unloading.
6.13 The risk in the goods shall pass to you upon delivery.
6.14 Until we have been paid in full the price of the goods and all other goods agreed to be sold by us to you for which payment is then due together (where applicable) with the costs of packaging and delivery plus any interest and charges thereon:
6.14.1 We shall retain ownership of the goods.
6.14.2 You shall if required by us store the goods in such a way as clearly to show our ownership of them.
6.14.3 You shall notify us immediately upon our demand of the place or places where the goods are situated.
6.14.4 You shall afford to us access to the goods during all normal business hours whether they are upon land occupied by your or your customers and you shall deliver the goods up to us at our request and allow us to remove the same. For this purpose you hereby grant an irrevocable right and licence to our employees or agents to enter upon the said land with or without vehicles during normal business hours.
7.1 We accept cash and Mastercard and Visa credit cards and debit cards.
7.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
7.3 Subject to what we agree at the time if we accept your order, our payment terms are 50% deposit with order and balance on delivery or collection. In the case of goods that are bespoke or customised goods or goods which are specially made for you to your own description or specification we reserve the right to require payment in full before we start to manufacture or alter the goods.
7.4 If your payment is not received by us and you have already received the goods, you must, subject to your prior exercise of any right of cancellation, pay for them within 7 days after delivery.
7.5 If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
7.6 Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under Clauses 4 and 5.
7.7 The price of the goods:
7.7.1 is in pounds sterling (£) (GBP);
7.7.2 includes VAT at the applicable rate;
7.7.3 does not include the cost of delivering the goods (if you want delivery options and costs, please ask us before you place your order); and
7.7.4 shall be that contained in our current price list at the time of the Confirmation email or other acceptance of your order, notwithstanding that this may differ from the price stated in any quotation given by us, unless the price quoted was not a list price current at the time of the quotation.
7.7.5 Credit accounts may be opened, subject to satisfactory credit references being obtained, in our sole discretion. The terms and conditions applicable to such credit accounts are:
18.104.22.168 Payment for goods supplied on a credit account shall be due and payable not later than 30 days after date of invoice.
22.214.171.124 If you default in making payment as aforesaid the entire balance of your account shall be payable forthwith and we shall be entitled to charge interest on the account, together with costs and expenses, in accordance with clause 126.96.36.199.
188.8.131.52 You may not withhold or set off payment of any amount due to us whether in respect of any claim by you relating to goods supplied by us or for any other reason which is contested or for which we do not admit liability.
184.108.40.206 If you fail to make any payment on the due date then, without prejudice to any other right or remedy available to us, we shall be entitled to:
220.127.116.11.1 cancel any and all contracts then in existence between us or suspend deliveries to you not previously made under them;
18.104.22.168.2 appropriate any payment made by you to such of the goods (or the goods supplied under any other contract between you and us) as we may think fit (notwithstanding any purported appropriation by you); and
22.214.171.124.3 charge interest to you at the rate of 4% above the base rate from time to time of HSBC plc on the unpaid balance; this interest shall accrue on a day to day basis from the due date for payment until receipt by us of the full amount whether before or after any judgment; and
126.96.36.199.4 be indemnified by you against all costs and expenses (including legal costs and expenses on a full indemnity basis) incurred by us in recovering sums due or in exercising our rights pursuant to clause 5.
8 NATURE OF THE GOODS
8.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:
8.1.1 are of satisfactory quality;
8.1.2 are fit for purpose; and
8.1.3 match the description, or model.
8.2 We must provide you with goods that comply with your legal rights.
8.3 The packaging of the goods may be different from that shown in store.
8.4 Correspondence of goods with description:
8.4.1 all weights, sizes and measurements set out in literature describing goods are approximate only;
8.4.2 the colours of our goods may or may not correspond with those seen on your computer screen, depending on the monitor that you use;
8.4.3 In the case of goods that are bespoke or customised, or goods which are specially made for you to your own description or specification we will advise you of any relevant tolerances before you place your order. The placing of your order will mean that you accept those tolerances
8.5 Any goods sold:
8.5.1 at discount prices;
8.5.2 as remnants; or
8.5.3 as substandard;
will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
8.6 If we can't supply certain goods (for example, because they have been discontinued) we may need to substitute them with alternative goods of equal or better standard and value. In this case:
8.6.1 we will let you know if we intend to do this, but this may not always be possible; and
8.6.2 you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
8.7 Many of our Goods are supplied as raw timber, and as such steps need to be taken to preserve them and protect them from infection. We will advise you of appropriate measures and frequency of measures at the time of your agreement to buy them. Our liability to remedy or replace Goods or to refund all or part of the price paid for them is subject to your proving that those measures were correctly executed.
8.8 We may accept or reject the return of incorrectly ordered goods. If we decide to accept the return, we will make a charge for carriage/collection, and charge a restocking fee of 30%. We will not accept the return of goods which are liable to deteriorate, or may have been kept in unsuitable conditions.
9 FAULTY GOODS
9.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of your key rights. For more detailed information on your rights and what you should expect from us, please speak to us in store or over the telephone.:
9.1.1 Speak to us in store or over the telephone;
9.1.2 contact us using the contact details at the beginning of these terms and conditions; or
9.1.3 visit the Citizens Advice website www.citizensadvice.uk or call 03454 04 05 06.
9.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
9.3 Please contact us using the contact details at the top of this page, if you want:
9.3.1 us to repair the goods;
9.3.2 us to replace the goods;
9.3.3 a price reduction; or
9.3.4 to reject the goods and get a refund.
9.4 You shall inspect the goods upon delivery or collection (as the case may be). We will make good at our option by repair or replacement any defects in the goods due solely to defective workmanship or materials which are notified in writing to us and, in the case of any defect discoverable upon reasonable examination, such notification must be made within 2 working days from the date of delivery or collection (as the case may be)and, in the case of any defect not discoverable upon reasonable examination, such notification must be made within 2 working days of the date such defect is actually discovered provided that:
9.4.1 our above obligations shall not extend to defects caused by willful damage, negligence (other than by our employees or agents), fair wear and tear, alteration or repair of the goods without our prior written approval, or incorrect storage, application, movement or installation;
9.4.2 we shall not be responsible either for the cost of removing any defective goods from any place where they are installed or affixed (or making good the place after removal) or for the cost of installing or affixing in such place any repaired or replacement goods unless the same shall have been previously agreed in writing by one of our Directors; and
9.4.3 our above obligations shall in any event only apply for a period of twelve months from the date of delivery or collection (as the case may be).
9.5 We will not accept liability for shortages in quantities delivered unless you notify us of any claim for short delivery of the goods within 2 working days of delivery. In such circumstances our liability shall be limited to making good the shortage.
9.6 We shall not be liable for any consequential, indirect or economic loss or for any loss or depletion of profits, business, revenue, goodwill or anticipated savings, (whether arising from breach of contract, tort (including breach of statutory duty and negligence)), misrepresentation or otherwise.
9.7 On request, we will provide information about any guarantee offered by a manufacturer and available to you in respect of the goods.
10 END OF THE CONTRACT
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
11 LIMIT ON OUR RESPONSIBILITY TO YOU
11.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for:
11.1.1 losses that:
188.8.131.52 were not foreseeable to you and us when the contract was formed; or
184.108.40.206 that were not caused by any breach on our part;
11.1.2 business losses; and
11.1.3 losses to non-consumers.
12.1 We will try to resolve any disputes with you quickly and efficiently.
12.2 If you are unhappy with:
12.2.1 the goods;
12.2.2 our service to you; or
12.2.3 any other matter;
please contact us as soon as possible.
12.3 Our complaints handling procedure is an industry standard, developed over many years, and is as follows:
12.3.1 Upon receipt of any complaint we will acknowledge in writing, outlining our procedures and giving expected timescales;
12.3.2 We will gather and verify any necessary information to evaluate the complaint and enable us to make a decision;
12.3.3 We will communicate the decision to the complainant, outlining the individual action taken to investigate and our complaint handling process;
12.3.4 We will make sure any necessary appropriate corrective or preventative action is taken, and include the amended actions in our processes; and
12.4 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
12.4.1 let you know that we cannot settle the dispute with you; and
12.4.2 give you certain information required by law about our alternative dispute resolution (ADR) provider .
12.5 If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.
12.6 The laws of England and Wales will apply to this contract.
13 THIRD PARTY RIGHTS
No one other than a party to this contract has any right to enforce any term of this contract. However, if a person acquires the goods lawfully from you, you may transfer our guarantee to that person.
14 DATA PROTECTION AND WORD PROCESSING
14.1 We will comply with all applicable requirements of the Data Protection Legislation. This clause 14 is in addition to, and does not relieve, remove or replace, our obligations under the Data Protection Legislation.
14.2 We and you acknowledge that for the purposes of the Data Protection Legislation, you are the data controller and we are the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).
14.3 Without prejudice to the generality of clause 14.1, we shall, in relation to any Personal Data processed in connection with our performance of our obligations under our contract with you:
14.3.1 process that Personal Data only on your written instructions unless we are required by the laws of any member of the European Union or by the laws of the European Union applicable to us to process Personal Data (Applicable Data Processing Laws). Where we are relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, we shall promptly notify you of this before performing the processing required by the Applicable Data Processing Laws unless those Applicable Data Processing Laws prohibit us from so notifying you;
14.3.2 ensure that we have in place appropriate technical and organisational measures, reviewed and approved by you, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of our systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by us);
14.3.3 ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
14.3.4 not transfer any Personal Data outside the European Economic Area unless your prior written consent has been obtained and the following conditions are fulfilled:
220.127.116.11 you and we have provided appropriate safeguards in relation to the transfer;
18.104.22.168 the Data Subject (as defined in the Data Protection Legislation) has enforceable rights and effective legal remedies;
22.214.171.124 we comply with our obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
126.96.36.199 we comply with reasonable instructions notified to us in advance by you with respect to the processing of the Personal Data;
14.3.5 notify you without undue delay on becoming aware of a Personal Data breach; and
14.3.6 at your written direction, delete or return Personal Data and copies thereof to you on termination of our contract with you unless required by Applicable Data Processing Law to store the Personal Data.