TIMBERLY LIMITED
TERMS AND CONDITIONS OF SALE
1. Interpretation.
1.1 These terms are entered into for the purchase of a product or products (the “Product”) via the Online Marketplace operated by Timberly Limited (the “Seller”) between the buyer (the “Buyer”) and the Seller for delivery within the UK. Unless otherwise agreed, the Buyer and the Seller enter into this contract (the “Sales Contract”) on the following terms.
1.2 If you are acting on behalf of an employer or another business, you represent and warrant that:-
1.2.1 you have full legal authority to bind your employer or that business; and
1.2.2 you agree to this Sales Contract on behalf of the business that you represent.
2. Commencement date and term.
2.1 The Buyer's order is an offer to enter into a contract with the Seller.
2.2 The Sales Contract is created, and the Buyer's offer is accepted by the Seller, when the Buyer receives the confirmation email. If after the confirmation email has been sent the Seller does not have the Product in stock, the Seller will notify the Buyer and provide a full refund to the Buyer for the Product that cannot be delivered.
2.3 The Sales Contract will continue until terminated in accordance with the terms of this Sales Contract.
3. Product.
3.1 The Seller agrees to sell the Buyer the Product set out on the Online Marketplace (the “Listing”).
4. Delivery.
4.1 The Product shall be delivered to the Buyer's address which must be situated in the United
Kingdom.
4.2 The Product shall be the Buyer's responsibility from the time the Product is delivered to the Buyer's address. A Buyer will own the Product once it has been paid for in full.
4.3 Delivery charges are based on order value and distance to destination. Our web-site will contain a list of current charges.
5. Payment.
5.1 The Buyer must pay the price for the Product as set out in the Listing, which price shall be inclusive of all applicable Taxes and additional charges relating to the Product (including any delivery costs). The Seller may not require a Buyer to pay any amount other than the price for the Product as set out in the Listing.
5.2 If payment has been made in accordance with clause 5.1 the Product will be released to the Seller.
5.3 The Seller shall issue a VAT invoice to the Buyer. The Buyer consents to receive a VAT invoice electronically in digital form.
6. Cancellation, returns & refunds.
6.1 The refunds policy for the Product is set out here.
6.2 The Buyer has a legal right to change their mind and cancel the Sales Contract between them and the Seller within 14 calendar days of delivery of the Product ("Cooling-off Period") without giving a reason. Please note that the Buyer’s right to change their mind does not apply to any bespoke products the Buyer purchases from the Seller (i.e. the Product has been created or personalised to the Buyer’s specification).
6.3 The Cooling-off Period will expire 14 calendar days from the day on which the Buyer acquires, or a third party indicated by the Buyer (other than the carrier) acquires, physical possession of the Product. The Buyer may cancel the Sales Contract in respect of the Product delivered or in respect of certain of the Product only.
6.4 To exercise the right to cancel, the Buyer must inform the Seller by email via the Online Marketplace of their decision to cancel the Sales Contract by making a clear statement to include:
the Buyers name & address
date of Sales Contract
details of Sales Contract
details of the Product to be cancelled
note - the date of notice of cancellation will be the date of receipt of the email
6.5 To meet the cancellation deadline, it is sufficient for the Buyer to send their communication concerning the exercise of their right to cancel before the Cooling-off Period has expired.
6.6 The Seller will send the Buyer an acknowledgement of receipt of the Buyer's notice to cancel by email.
6.7 If the Buyer cancels a Sales Contract pursuant to clause 6.4, the Buyer will receive a refund of all payments made by them via the Online Marketplace.
6.8 The Seller will reimburse the Buyer without undue delay, and not later than 14 calendar days after the day the Seller receives back from the Buyer any Products supplied.
6.9 If there was no Product delivered, the Seller will reimburse the Buyer no later than 14 calendar days after the day on which the Seller is informed about the Buyer's decision to cancel this Sales Contract.
6.10 If the Product has been delivered to the Buyer, the Seller may withhold reimbursement until it has received the Product back.
6.11 The Seller may make a deduction from the reimbursement for loss in value of the Product supplied, if the loss is the result of damage or degradation by the Buyer. The Buyer is only liable for any diminished value of the Product resulting from the unfair and/or unreasonable wear and tear of the Products other than what is necessary to establish the nature, characteristics and functioning of the Products. The Seller may make a deduction from any reimbursement (the Buyer is entitled to from the Seller) for such loss in value of any Product the Seller supplies.
How to return products
6.12 If the Buyer wishes to exercise their rights to a refund under this clause the Buyer must return the Products to the address made available on the Online Marketplace operated by the Seller. The Seller will pay the costs of return.
6.13 The Buyer is responsible for taking reasonable care of the Products until they are returned to the Seller. The Seller recommends that the Products are returned to the Seller using a service that offers a tracking method and that the Buyer keeps proof of postage. The Seller will be unable to provide the Buyer with a full refund if the Product is not returned to the Seller if it is damaged when it arrives.
Refund payments
6.14 The Seller will make the reimbursement using the same means of payment as the Buyer used for the initial transaction, the Buyer will not incur any fees as a result of the reimbursement.
Other refunds
6.15 The Buyer has legal rights in relation to the Product that are not as described, faulty or otherwise not fit for purpose. If the Buyer believes that the Product that they have ordered does not conform with the Sales Contract, they should contact the Seller via the Online Marketplace to attempt to resolve the dispute in the first instance. If the Buyer and the Seller are unable to resolve the dispute, the Buyer may refer to clause 9 for resolution.
7. Limitation of liability.
7.1 Subject to condition 6 and condition 8, the following provisions set out the entire financial liability of the Seller (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of a) any breach of these conditions b) any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
7.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
7.3 Nothing in these conditions excludes or limits the liability of the Company a) for death or personal injury caused by negligence; or b) under section 2(3), Consumer Protection Act 1987; or c) for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or d) for fraud or fraudulent misrepresentation.
7.4 Subject to condition 7.2 and condition 7.3 a) the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and b) the Company shall not be liable to the Buyer for any indirect or consequential loss or for any direct or indirect loss of profit, business or goodwill which arise out of or in connection with the Contract.
8. Quality.
8.1 The Seller warrants that (subject to the other provisions of these conditions) upon delivery the Goods shall a) be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and b) be reasonably fit for any purpose for which the Goods are being bought if the Buyer has made known that purpose to the Seller in writing and the Seller has confirmed in writing that it is reasonable for the Buyer to rely on the skill and judgement of the Seller.
8.2 The Seller shall not be liable for a breach of the warranties in condition 8.1 unless a) the Buyer gives written notice of the defect to the Company, and, if the defect is as a result of damage in transit to the carrier, within 7 calendar days of the time when the Buyer discovers or ought to have discovered the defect; and b) the Seller is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by the Company) returns such Goods to the Sellers place of business at the Sellers cost for the examination to take place there.
8.3 The Company shall not be liable for a breach of the warranties in condition 8.1 if a) the Buyer makes any further use of such Goods after giving such notice OR b) the defect arises because the Buyer failed to follow the Sellers instructions as to the storage, installation, commissioning, use or maintenance of the Product or good trade practice OR c) the Buyer alters or repairs the Product.
8.4 Subject to condition 8.2 and condition 8.3, if any of the Goods do not conform with the warranties in condition the Seller shall at its option repair or replace the Product (or the defective part) or refund the price of the Product at the pro rata Contract rate (provided that the Buyer shall, at the Sellers expense, return the Product or the part of the Product which is defective to the Seller).
8.5 If the Seller complies with condition 8.4 it shall have no further liability for a breach of the warranties in condition in respect of the Product.
8.6 Any Product replaced shall belong to the Buyer and any repaired or replacement Product shall be guaranteed on these terms.
9. Disputes.
9.1 Should any issues arise regarding the dispute by the Buyer in respect of the Sales Contract clauses 6 and 8 and upon the request of the Buyer they shall be referred to a Senior Representative of the Seller for resolution within 5 calendar days.
10. Force majeure
The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company.
11. Termination of sales contract.
11.1 This Sales Contract will terminate:
11.1.1 if the Buyer exercises a right to cancel in accordance with clause 6
11.1.2 when the Products are delivered to the Buyer's address
12. Governing law.
12.1 This Sales Contract is governed by English law. This means that any dispute or claim arising out of or in connection with this Sales Contract (including non-contractual disputes or claims) will be governed by English law.
12.2 The Buyer and the Seller irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Sales Contract or its subject matter or formation.
