These terms and conditions were last updated on 28/02/2018
TERMS AND CONDITIONS OF SALE AND PURCHASE
Please read through the following Terms and Conditions of Sale and Purchase (“Terms”) carefully. They comprise the terms on which you are permitted to purchase items from Timber Bi Fold.co.uk (“us”, also referred to here as “we”) on this website (the “Website”). If you submit an order for any item advertised for sale on this Website, this shall be taken to constitute acceptance by you of these Terms:
Please see product detail pages for full product information before ordering to check suitability. These can be seen at https://timberbifold.co.uk/product-details/
FORMATION OF CONTRACT OF SALE
1. If you wish to purchase any of the items for sale on this Website, you must request a quotation and accept the price and these terms via email. Your order will not be accepted unless you place us in a position of being able to receive part/full payment for your order at the time we accept it. If we agree to accept your order, we will confirm this by email (the “Confirmation”) and will supply the items you have ordered (the “Product”) to you in accordance with the Confirmation and with these Terms.
2. The sale and purchase of Products via this Website will be governed by a contract between you and us formed when you have placed an order, your order has been accepted by us and we have sent you Confirmation of this (the ‘Contract’). The terms of the Contract will comprise these Terms, as amended or updated by us from time to time, and the prices (subject to clause 10 hereof) and other relevant information about the Products published by us on this Website at the time the Contract is formed.
3. We reserve the right to change these Terms at our discretion. We agree to ensure that a note of the date and clause number of any such changes will be included as part of these Terms. Any changes will be posted to the Website and it is your responsibility to ensure, from time to time, that you are aware of any such changes. Changes will become effective 24 hours after first posting and you will be deemed to have accepted any change if you continue to order with Timber Bi Fold.
4. You acknowledge and agree that, in entering into a Contract, you do not rely on and have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to the Contract or not) which is not expressly set out or referred to in the Contract. This is not intended to limit or exclude liability for fraud on our part.
ORDERS AND QUOTES
5. You acknowledge that:
(a) all information and specifications relating to the Products and any material produced by us are approximate only; and
(b) (i) the product outline on quotations and invoices is not intended to provide a full specification of products ordered. The product detailed in any quote or invoice is an outline of a standard product from our inventory and is intended for order placement and receipt purposes. Full specifications of required products should be provided by the customer or customer representative (architect, builder, project manager) via email or post. This can be in the form of detailed drawings or written specifications. We accept no liability for incomplete specifications unless we have received written or electronic details.
(b) (ii) The cost of joinery products may change if the supplied specifications differ from the initial outline.
(b) (iii) Drawings or specifications sent via email and post will be accepted as correct and replace any existing drawings. If new drawings or written specifications are incorrect or incomplete we accept no responsibility for items supplied that are then deemed as incorrect. Where changes to drawings and specifications are supplied after the start of the manufacturing process it is possible that certain products may follow specifications from the first, second, third etc set of specifications while others may follow later specifications, including but not limited to; timber species, glazing choices, paint selection, orientation and hanging of sashes and doors, colour/finish of hardware, style of doors and windows.
(c) the components specified are subject to change due to supplier changes but will be of the same quality.
6. We may correct any error in any unconfirmed order, sales literature or other document or information issued by us or placed on this Website without any liability.
7. (a) We may make any changes in the specification of the Products to conform with any applicable safety or other statutory or European Union requirements which do not materially affect their quality or performance.
7. (b) We may make any changes to required specifications of a product if we deem the specification to be an inferior specification to our standard product specifications. We will not supply products to specifications we deem to be incomplete or that may compromise the longevity or quality of a product. Where specifications are deemed as inappropriate or inferior we will provide what we feel is a suitable alternative. We are not liable if the customer does not agree with the new specification unless it is deemed unsafe or does not abide to relevant regulations. If this is the case we will offer an alternative option or replacement.
RIGHT OF WITHDRAWAL
8. Where you purchase Products from this Website for personal use and not for resale:
(a) You have the right to withdraw from any Contract from the date on which we send you our Confirmation until 7 working days after the day you receive your order confirmation by giving us written notice of withdrawal by email or post.
(b) The only circumstances in which you cannot withdraw the order are where the production process has began, however your deposit will not be refunded and will only be returned in certain circumstances.
(d) If you withdraw from any Contract pursuant to this clause 9, we will credit your credit or debit card as appropriate for the price of the Products as set out in clause 14 below minus any administrative charges.
9. (a) The price of each Product shall be retail price for that Product that is quoted on this Website on the date you place your order, subject to any inadvertent pricing errors (whether technical or otherwise) by us, unless a special promotional price or other discounts are stated on the Website in respect of a Product.
9. (b) Prices stated on the website are exclusive of VAT (Value Added Tax).
10. The price of any product excludes the cost of postage, packaging and delivery. The costs of postage and packaging will be specified on this Website and are your responsibility. The cost of delivery to the delivery address you specify in your order acceptance and we acknowledge in our Confirmation (the “Premises”), will be your responsibility. The method of delivery and packaging applicable will be those quoted on order confirmation.
11. We reserve the right to revise the price of any items on this Website without notice.
12. We also reserve the right to refuse to supply to you, whether you are an individual or company, for whatever reason.
13. The payment methods that we will accept are those listed on this Website on the date on which we accept your order.
14. Any refunds made pursuant to these Terms will be a refund of the price actually paid by you for the relevant Product and, except where specifically provided otherwise, will not include a refund of any postage, packaging or similar costs. For the avoidance of doubt, if you purchased a Product at a discount, we will refund you the discounted price.
15. Refunds may be subject to administration charges and is done so on a per customer basis, dependant on products ordered and time of cancellation. Bespoke products are non refundable. See Returns Liability for further details.
Lead Time / Completion Dates
16. Due to many circumstances out of our control, any ‘Lead Times’ provided by Timber Bi Fold are to be used as a guide only and do not form part of any contract between the consumer and Timber Bi Fold. Timber Bi Fold accepts no responsibilty for any loss of business, earnings, any financial implications, damage of reputation or other ‘knock on’ effects that the customer may incur due to late completion of a project. Our standard/base lead time during quieter periods is 6-8 weeks which is present on our business literature, including but not limited to Invoices, Quotations, Receipts & Emails.
17. Timber Bi Fold will not enter into any contractual agreement relating to completion dates with customers whether consumers or Business to Business customers. We accept no responsibilty for any breach of third party contracts due to overdue completion dates.
18. As stated elewhere in these terms we recommend receiving the products before arranging any fitting or tradesmen. Where the products are being used as part of a Project (I.e. including but not limited to new builds, extensions, renovations etc) we recommend placing an order at least 3 months in advance of the required date. Timber Bi Fold accepts no responsibility for costs incurred due to late arrival of goods on site and will not offer compensation or discounts.
18. The time and method for delivery will be at our discretion, and may not coincide with the provided lead time at the time of order.
19. If the Products delivered to you do not include all of the Products that you ordered in any particular order or include incorrect Products, you must inform us in writing within 14 working days from the date of delivery. If you do not, we will not be responsible for any loss or damage suffered by you as a result. In any event, our liability is limited to the price of the Products not delivered or the cost of replacing such Products.
20. Delivery is usually by a third party and is therefore out of our control. Compensation and part refunds will not be given for late delivery, and will need to be taken up with the third party. Delivery is kerb side only and you will require an adequate amount of people to lift the products safely.
21. Do not arrange tradesmen to commence work based on delivery date/time given by us. We recommend you receive the product before arranging any fitting services. We accept no responsibility for costs incurred due to late delivery regardless of which party is at fault. Point 18 above stands and no compensation for loss of labour etc will be taken into consideration.
RISK AND OWNERSHIP
22. Risk of damage or loss of the Products shall pass to you on delivery or, if you fail to take delivery of the Products, at the time when we have tried to deliver the Products.
23. All intellectual property and other proprietary rights (including, but not limited to, brand names, product names, copyright and trade marks) and all technical, business or similar information (including, but not limited to, all designs, documents and other materials relating to the Products) used in the Products (together “the Intellectual Property”) are and shall remain the property of us or of our licensors.
24. Other than as stated in Clauses 28 below, we do not grant permission for the use of the Intellectual Property and such use may constitute an infringement of the holder’s rights.
25. All Website design, text and graphics appearing on this Website and the selection or arrangement thereof are the copyright of us or of our licensors. Permission is granted to print once in hard copy portions of this Website for the sole purpose of placing an order with or using this Website as a shopping resource. Any other use of materials on this Website (including reproduction for purposes other than those noted above and modification, distribution, or republication in any form or media) without our prior written permission is strictly prohibited.
26. We shall not be liable in respect of any defect in the Products arising from fair wear and tear, neglect, failure to follow our instructions, misuse or improper alteration or repair of the Products.
27. Nothing in these Terms shall exclude or limit our liability arising by virtue of the Consumer Protection Act 1987, or our liability for fraud or for death or personal injury caused by our negligence, or any other liability to the extent that we cannot so exclude or limit such liability as a matter of law.
28. Where the Products are sold under a “consumer transaction” (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976), your statutory rights are not affected by these Terms.
29. Save as expressly provided in these Terms, and except where the Products are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), the Products are provided on an “as is” basis and all warranties conditions terms and liabilities express or implied by statute or common law are excluded to the fullest extent permitted by law and we will not be liable to you for any loss of any kind whatsoever which arises out of the breach of implied warranties or conditions or breach of any other duty of any kind imposed on us by operation of law.
30. We will not be liable for any of the following losses which may arise by reason of any breach of a Contract or any implied warranty, condition or other term, any representation or any duty of any kind imposed on us by operation of law:
(a) any loss of anticipated profits or expected future business;
(b) damage to reputation or goodwill;
(c) any damages costs or expenses payable by you to any third party;
(d) loss of any order or contract; or
(e) any loss that was not foreseeable by you and Timber Bi Fold at the time our Contract was formed; or
(f) any loss not caused by any breach on the part of Timber Bi Fold.
31. We do not accept returns due to faulty parts. In the unlikely event that components of the products supplied are faulty, we will provide a replacement or a refund of the cost of the faulty part. I.e. If a hinge set supplied is deemed as faulty we will offer a replacement hinge set or a refund of the cost of the hinge set. The cost refunded is our cost and not the cost the customer spends on a replacement. We will take into account our predicted delivery costs of the replacement when refunding for items. Where the customer feels a product is faulty and beyond repair / rectification we require the following before a solution can be provided.
(a) a list of reasons why the product is faulty and not fit for purpose.
(b) photographs detailing faulty products.
A product is not deemed as faulty or not fit for purpose if the specification is incorrect due to reasons set out in Section 5 & Section 7. Corrective measures will be offered according to our legal obligations.
32. Products supplied may differ from that advertised for reasons beyond our control. Timber is a natural product and can vary greatly in colour and grain. Differing colour and grain within our products is not a fault and will not be treated as such. We offer samples for grain and species matching but this is not to be assumed as a colour match. Samples can vary greatly from actual products. Please refer to our Product Details guide for more details on timber and how it changes in service.
33. Without prejudice to any other provision of these Terms, we will not be in breach of the Contract for any delay in performing, or failure to perform, our obligations under it if that delay or failure was due to any cause or circumstance beyond our reasonable control. This clause does not affect your statutory rights.
34. We are providing the Website on an “as is” basis and we make no representations or warranties of any kind with respect to the Website or its contents and disclaim all such representations and warranties.
WITHDRAWAL AND USE OF PRODUCTS
35. We may withdraw from the market any Products that we produce or generally supply without prior notice, or liability, to you.
36. If we provide you with information about the use for which the Products are designed and about any conditions necessary to ensure that the Products will be safe, then you must use the Products accordingly. Please See onsite literature regarding Product Care
37. Any notice required under these Terms must be in writing. In our case it must be addressed to our registered office or principal place of business or any other address that we notify to you from time to time whether on the Website or otherwise. Any notices to you will be sent to your usual billing address.
Any notice shall be deemed to be served:
(a) if sent by pre-paid first class post to the party to whom it is given, on the second working day after posting; or
(b) if sent by pre-paid air-mail post to the party to whom it is given, on the seventh working day after posting; or
(c) if sent by email to the recipient’s email address at the date and time given on the sender’s transmission acknowledgement slip or (in the case of manifest error or loss of the slip) on receipt.
38. If any of these Terms is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
39. Each Contract shall be governed by English and Welsh law and the parties submit to the exclusive jurisdiction of the English / Welsh Courts if there are any disputes between them of any kind.
40. Failure or neglect by either party to enforce at any time any of these Terms shall not be a waiver of that party’s rights and it shall not affect the validity of the whole or any part of these Terms or the Contract or prejudice that party’s right to take subsequent action.
41. Nothing in these Terms is intended to confer on any third party any benefit or any right to enforce any of these Terms.
Please ensure you read these term and conditions above fully before requesting a quote and placing an order. If you have any queries regarding the Terms & Conditions of Sale or any other issues, please contact us by email using the form beside, or phone us on 01633 740631.
We are always available to talk and discuss your requirements.
Please see contact page for Business location and opening hours.
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