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TERMS AND CONDITIONS
In these conditions unless the content cannot so admit:
- "Seller" means Early Oak Reproductions Ltd.
- "goods" means any product sold or services rendered or agreed to be sold by the Seller.
- "Buyer" means the person or organisation ordering the goods from the Seller.
- These conditions shall not affect the buyer's statutory rights as a consumer.
- The acceptance of any quotation or estimate given by the Seller or of any goods supplied, advice given or services rendered includes the acceptance of these standard conditions and no variations or additions to the same shall be admissible unless expressly agreed in writing.
- If any provision of these conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
The Seller reserves the right to amend prices or specifications and delete items from their marketing material or otherwise without prior notice.
- Verbal Quotations (when offered) are only valid when confirmed in writing. Quotations must be accepted within thirty (30) days of the date of the Quotation after which time the Seller reserves the right to alter them. Once an Order has been confirmed by the Seller the price will be held subject to unforeseen increases in costs or the production of the goods.
- Any typographical or clerical or other error or omission on the Sellers website, in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction if required, without any liability on the part of the Seller.
- VAT is included in all our online prices and our showroom prices.
- Overseas: Goods exported from the UK to non EC countries are VAT zero rated, although the Buyer bears responsibility for local import charges and taxes levied in the Buyers country of residence. Goods exported from the UK to EC countries are VAT zero rated only upon receipt of Customers VAT registration number on headed notepaper.
6. ACCEPTANCE OF ORDER
An Order will be accepted and work scheduled upon receipt of the correct deposit. Note that no work will commence until the correct deposit is received.
- Any agreed stage (interim) payments must be paid within seven (7) days of invoice and failure to comply may result in the cessation of work until the payment is received. Any such cessation will invalidate any agreed delivery or completion dates.
- Final payment must be paid prior to the dispatch of goods. Payment must be made within 7 days of notification of delivery.
- If the Buyer does not pay on the due date for payment the Seller reserves the right to sell, deal with or otherwise dispose of the goods without further notice.
- The time within which payment is to be made by the Buyer shall be of the essence of the contract.
- Descriptions and illustrations contained in any literature or descriptive matter are intended merely to represent a general idea of the goods described therein and shall not form part of the contract, and no representation or statement made by any employee and not contained herein shall be binding on the Seller.
- The Seller cannot be held responsible to verbal (non-documented) requirements and therefore, shall be under no obligation to deliver against any requirements other than those agreed and contained within the respective order form.
9. PRESENTATION OF FINISHED GOODS
- Where the Sellers goods are made from natural materials exact replication of a specification cannot be guaranteed.
- Owing to the hand-crafted nature of the goods, sizes may vary slightly.
- Solid timber is a live product and may be subject to movement. It is the Buyers responsibility to ensure that the Sellers goods are kept in a stable environment, paying particular attention to humidity.
- Should delivery of goods not allow for the normal time for production of the goods, whilst every effort will be made to maintain and match our high standards of production, reasonable allowance must be made for any superficial difference in the finish.
- With bespoke goods, the Seller shall use their best endeavours to make the goods by the time fixed for completion and/or delivery but if from any cause, other than the wilful default of the Sellers, delivery is delayed, the Sellers shall not be responsible for any loss or damage thereby caused to the Buyer.
- Where delivery is fixed by instalments, each instalment deliverable under the contract shall be deemed to be sold under separate contract. Defective deliveries of one or more items of goods shall not entitle the Buyer to repudiate the contract with regard to any instalments remaining deliverable.
- All Buyers should make an allowance of up to 14 days from the date of dispatch from our premises or workshops for our approved carriers to fulfill the final delivery to your home.
- Should delivery be requested outside of normal working hours, or on a specific day, the Seller reserves the right to charge for additional costs incurred.
- It is the responsibility of the Buyer to provide easy access to the delivery point and to notify the Seller in advance of any specific problems.
- Whilst every care will be taken to minimize damage on installation to Buyers goods or property, the Seller can take no responsibility for any such damage caused unless through negligence by the Sellers own personnel or agents.
- Time of the delivery is not of the essence under these terms and conditions.
11. RETURNS AND CANCELLATIONS
- For goods ordered and paid for over the internet, telephone, email, or fax, the buyer has a statutory right to cancel within 30 calendar days commencing after the day on which the goods are delivered. Subject to the Buyers statutory rights this policy does not apply to bespoke goods and/or goods that have been modified or finished to the Buyers own requirements or goods ordered whilst at or after visiting the Sellers showroom. The following lists bespoke and non-bespoke goods. Bespoke: Furniture made to your specification, runners, specially framed pictures and prints, paintings from photos, specially commissioned accessories, hand painted frescos, hand painted cushions, fabrics supplied as upholstery on furniture. Non-bespoke: Ironwork listed on our website as available immediately, prints, pictures, pewter, lamps, wooden bowls, fabrics (unless supplied as upholstery for furniture).
- Only where applicable, in order to cancel the Buyer must write to us or email us within those 30 days. The Buyer must arrange suitable delivery at their own cost (the Sellers strongly recommend obtaining proof of delivery and suitable insurance, as the Sellers will not accept responsibility for goods lost in transit) and send the goods back to us in the same condition as they were when dispatched, within 30 days. If the package is lost or stolen the Buyer is responsible for claiming compensation from the carriers they use or postal service used. Once we have received the goods and checked their condition is satisfactory, or if proof of posting has been provided, a full refund for the purchase price, including our original delivery charges, will be sent to you within 14 days. If the goods are damaged in any way we reserve the right to make repairs and deduct the cost from the refund payable to you, or make a claim against the Buyer, if the refund has already been made.
- After the 30 day period has expired we are unable to accept returns of any goods unless a claimable fault develops within the twelve month warranty period. This does not affect your statutory rights.
12. DAMAGED OR INCORRECT GOODS
- If the Sellers deliver incorrect or damaged goods, or the Buyer discovers a manufacturing fault needing repair or replacement, then the Sellers must be notified within a reasonable time from receipt of the goods. This can be by telephone but the Sellers must receive written confirmation explaining the nature of the damage or manufacturing fault within the reasonable time period following the initial delivery of the Buyers goods. To help the Sellers make the best decision in order to rectify any possible mistake or manufacturing defect the inclusion of one or more digital photographs to accompany the Buyers correspondence should also be sent to the Sellers. This does not affect your statutory rights.
- The Sellers will not be liable for any damage caused by obvious misuse or by damage incurred by the Buyers or third parties attempting any repairs without the Sellers consent.
13. ACCEPTANCE OF GOODS
- The Buyer shall be deemed to have accepted the goods within a reasonable time after delivery, unless they notify the Seller of any cause of dissatisfaction within that reasonable time.
- After delivery the Buyer shall not be entitled to reject the goods which are not in accordance with this contract.
If for any reason the Buyer is unable to accept delivery of the goods at the time when the goods are due and ready for delivery the Seller shall if storage facilities permit store the goods and take all reasonable steps to prevent their deterioration until their actual delivery and the Buyer shall be liable for the reasonable cost of its so doing. The provision shall be in addition to and not in substitution of any other payment or damages for which the Buyer may become liable in respect of his failure to take delivery at the appropriate time.
15. TITLE OF GOODS & RISK
- Until full payment has been received by the Seller for all goods whatsoever supplied (and all services rendered) at any time to the Buyer, title in the goods shall remain with the Seller.
- Risk of damage to or loss of the goods shall pass to the Buyer upon delivery.
- In the event of any such notification of dissatisfaction within the seven (7) day period the Sellers representative will if necessary visit the Buyer (within the UK) in order to ensure that the matter is resolved.
- Every care will be taken to the Buyers property left in the possession of the Seller but the risk of that property remains with the Buyer who should ensure that their property is adequately insured.
- Unless otherwise agreed in writing of within twelve (12) months of delivery any defect shall appear which arises solely from faulty materials or workmanship the Seller warrants on return of the goods alleged to be defective carriage paid to its works to make good such defect either by repair or replacement provided no liability is accepted by the Seller if the goods alleged to be defective have been involved in any accident or been subjected to abnormal conditions or to weathering, natural movement of timber products, misuse or neglect or has not been maintained in accordance with proper standards.
- Faulty goods shall not form the subject of any claim for labour costs or other expenditure incurred by the Buyer and the Seller shall not be responsible for any loss or damage arising out of such fault.
- The liability of the Seller under this clause shall cease if the Buyer has not paid in full all invoices for goods and/or services supplied by the Seller.
Once goods are on site, either uninstalled, part installed or fully installed, it is the Buyers responsibility to make goods adequately secure and to insure against fire, theft, damage (apart from damage by Sellers negligence) and other perils.
It is the Buyers responsibility to ensure that the goods are used solely for their intended purpose at all times by all users and to ensure the safe use of the goods by all users, not to subject the goods to misuse, neglect or improper use and to regularly check and maintain the goods, to ensure continued safe usage.
20. THIRD PARTY LIABILITY
The Seller shall be under no liability in respect of any damage or loss to third parties caused either directly or indirectly by the performance of any contract or goods supplied and the Buyer should at all times indemnify the Seller against such loss or damage.
21. FORCE MAJEURE
The performance of all contracts is subject to variation or cancellation by the Seller owing to act of God, war, strike, lockouts or any other industrial action, fire, flood, drought, tempest, insect or fungicide attack or any other cause beyond the control of the Seller or owing to any liability by the Seller to produce materials or articles for the performance of the contracts and the Seller shall not be held responsible for any inability to deliver caused by any such contingency.
22. CONSUMER RIGHTS
The provisions of these Terms and Conditions are in addition to and do not affect the Buyers statutory rights as a consumer.
In the event of the Buyers official order containing special printed conditions which are at variance with the terms and conditions mentioned herein these conditions of sale unless otherwise agreed in writing prevail.
24. GOVERNING LAW
Any contract made between the Buyer and Seller is deemed to have been concluded in England and will be interpreted, construed and enforced in all respects in accordance with the laws of England and Wales and the Buyer and Seller irrevocably submit to the exclusive jurisdiction of England and Wales.
All our prices include VAT and free mainland England delivery. Details here of our UK and overseas delivery service
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