Terms and Conditions of the Luxury Wood Company Limited
Last updated: 02 February 2017
‘The Luxury Wood Company’ means The Luxury Wood Company Limited, which trades from Manor Business Park, Darlton Rd, East Drayton, DN22 0LG (Company Number: 07981034)
‘Buyer’ means the person or company who is purchasing products
‘Seller’ means the Luxury Wood Company Limited
This document outlines the legal terms and conditions that are in effect when we sell products to you. These terms and conditions between us will bind the Buyer to the exclusion of all other agreements. Please read these terms and conditions carefully, making sure that you fully understand them, before ordering any products from us. Please note that by ordering any of our products, you agree to be bound by these terms and any other document expressly referred to in it. Where purchases are made online through www.luxurywood.co.uk by ticking the acceptance box you confirm that you unconditionally accept these terms and conditions. Where purchases are made offline, over the phone, or by any other means, payment of our invoice indicates that you accept these terms and conditions. If you refuse to accept these terms and conditions, you may not buy products from us. These terms and conditions will apply to any contract with us and shall prevail over any terms or conditions (whether or not inconsistent with these terms and conditions) contained or referred to in any correspondence or documentation submitted by the Buyer or elsewhere or implied by custom, practice or course of dealing. We amend these terms and conditions from time to time as set out in clause 3.3. Before you place any order please check the terms and conditions to ensure that you understand the terms which currently apply.
1. Information about us
1.1 We are The Luxury Wood Company Limited, a company registered in England and Wales under company number 07981034 and with our registered office being 8th Floor South Reading Bridge House, George Street, Reading, RG1 8LS, and our main trading address being Manor Business Park, Darlton Rd, East Drayton, DN22 0LG. Our website address is www.luxurywood.co.uk our VAT number is GB 132708431.
1.2 Wholesale Wood UK is a trading name of the Luxury Wood Company Ltd, and all terms and conditions set out here are applicable to the transactions and business activities of Wholesale Wood UK.
1.3 You can contact us by sending an email to email@example.com or writing to us at Manor Business Park, Darlton Rd, East Drayton, DN22 0LG.
2.1 We provide the Site on an ‘as is’ basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law we exclude:
2.1.2 All conditions, warranties and other Terms and Conditions that might otherwise be implied by law into these Terms and Conditions.
2.2.2 Any and all liability to you, whether arising out of these Terms and Conditions or otherwise in connection with the use of the Site.
2.3 Nothing in these Conditions is intended to exclude or limit any liability that may not by law be excluded or limited, in particular none of the clauses are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded.
2.4 We reserve the right to modify or withdraw, temporarily or permanently, this Site (or any part thereof) with or without notice to you.
2.5 We reserve the right to restrict your access to the Site or part of it. If we grant you access to a restricted part of the Site we may withdraw permission at any time.
2.6 We reserve the right to make changes to our Conditions from time to time. You can determine when we last changed these Conditions by the ‘last updated’ statement above.
2.7 Protect our intellectual property rights in the Site, including all of the text, pictures, videos and other content made available on the Site. You may not make copies of such content without our prior written permission.
2.8 You agree that you will not use the Site for any fraudulent or unlawful purpose.
2.9 You agree that you will not use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others.
2.10 You agree that you will not impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site.
2.11 You agree you will not interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available
2.12 You agree that you will not transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of any hardware, software or equipment.
2.13 You agree that you will not remove any copyright, trade mark, images or text from the Site without written permission.
2.14 You acknowledge and agree that we are not responsible for and do not endorse such external websites or resources. Your use of third party websites is at your own risk.
3. Privacy and Security
3.1 In running and maintaining our Site and processing orders we may collect and process the following data about you.
3.1.1 Information about your use of our Site including details of your visits such as pages viewed and the resources that you access. Such information includes traffic data, location data and other communication data.
3.1.2 Information provided voluntarily by you. This may include, but is not limited to, email addresses, phone numbers, mailing addresses collected through processing of purchases, inquiries through our contact form, requests for samples or registration for our prize draws.
3.1.3 Information that you provide when you communicate with us by any means
3.1.5 We may gather information about your general internet use by using the cookie. Where used, these cookies are downloaded to your computer and stored on the computer’s hard drive. Such information will not identify you personally. This is statistical data and does not identify any personal details whatsoever.
3.2 You can adjust the settings on your computer to decline any cookies if you wish. This can easily be done by activating the reject cookies setting on your computer.
3.4 We use the information that we collect from you to provide our services to you. In addition to this we may use the information for one or more of the following purposes:
3.4.1 To provide information to you that you request from us relating to our products.
3.4.2 To provide information to you relating to other products that may be of interest to you.
3.4.3 To inform you of any changes to our website, services or goods and products.
3.4.5 If you have previously purchased goods or services from us we may provide to you details of similar goods or services, or other goods and services, that you may be interested in.
3.5 We may from time to time email the contacts in our database regarding special offers or general information. Any such emails will contain an unsubscribe facility so that users can choose to be taken off our mailing list. No further emails will be sent to any recipients that have chosen to unsubscribe from our mailing lists.
3.6 In operating the Site it may become necessary to transfer data that we collect from you to locations outside of the European Union for processing and storing. By providing your personal data to us, you agree to this transfer, storing or processing. We do our upmost to ensure that all reasonable steps are taken to make sure that your data is treated stored securely.
3.7 Unfortunately the sending of information via the internet is not totally secure and on occasion such information can be intercepted. We cannot guarantee the security of data that you choose to send us electronically, sending such information is entirely at your own risk.
3.8.1 In the event that we sell any or all of our business to the buyer.
3.8.2 Where we are legally required by law to disclose your personal information.
3.8.3 To further fraud protection and reduce the risk of fraud.
3.10 In accordance with the Data Protection Act 1998 you have the right to access any information that we hold relating to you. Please note that we reserve the right to charge a fee of £10 to cover costs incurred by us in providing you with the information.
4. Buying Our Products
4.1 Any images of our products are for illustrative purposes only. Although we make every effort to display our products accurately, the products you order may vary from any images you have seen on our website or on any other advertising.
4.2 The packaging of the products may vary from that shown on any images which are used on our website or as advertising materials.
4.3 All of our products are subject to availability. We will inform you by email as soon as possible if the product you have ordered is not available, and we reserve the right, in such cases, to offer a replacement or refund.
4.4 You may only purchase products from us if you are 18 years or over.
4.5. After you place an order with us, you will receive an acknowledgement that we have received your order, either in person, by telephone or email.
4.6 If we discover an error in the amount we have charged we reserve the right to charge additional fees, or cancel the order and refund you in full.
4.7 Prices for our products may change from time to time, but changes will not affect any order which we have confirmed with an invoice. We reserve the right to change prices on any products at any time.
4.8 VAT is chargeable on all products, and the correct rate of VAT will be applied and stated on your invoice.
4.9 Provided the address for delivery is not one listed among the special excluded zones as listed on our website, there will be no charge for delivery. For orders to the excluded zones our website will calculate the correct surcharge automatically, or if your order is by phone you will be advised of the surcharge prior to payment being taken. If there is an error in the application of the surcharge we will advise you of the additional costs, which you may choose to pay or cancel the order for a full refund.
4.10 All purchases must be fully paid for prior to dispatch
4.11 Purchases of products available on www.luxurywood.co.uk can be paid for using Debit or Credit card only, however we reserve the right to reject credit card as a form of payment on orders exceeding one thousand pounds (GBP). Payment by bank transfer is only permitted by written agreement with us. Cheques are not accepted.
5.1 For goods dispatched on a pallet, you agree to accept a kerbside delivery which is defined as the closest point to your property at which a safe offload can be made without the delivery driver passing onto your property.
5.2 You agree that allowing our third party carrier to pass onto your property is at done entirely your own risk, and you fully accept any liability for any damages that occur as a result.
5.3 You agree that we have the right to refuse delivery in circumstances which are dangerous or impractical, including:
Situations which there is no flat surface to land the pallet, such as soft ground such as grass, gravel or soil
Premises where it is illegal for a lorry to park or offload
Where the surface of the access road is unstable, soft or muddy
Where the access road is on an incline greater than 10 degrees
Where the access road does not provide 3.0m width and 5.0m vertical clearance of obstruction including trees, overhangs or otherwise.
5.4 If delivery is not completed due to any of the situations outlined in clause 5.3, goods will be returned to our warehouse, at which point you will be offered a full refund minus a restocking fee of £80 per pallet, which is a true reflection of our costs.
5.5 You agree unconditionally that The Luxury Wood Company disclaims all liability from any damage or death to any property or person that may occur during the delivery process, and that full liability for such events lies with our third party carrier.
5.6 We do not deliver to addresses outside of the UK or the Republic of Ireland.
5.7 While we aim to achieve delivery within 3 to 7 working days, you agree that longer periods may be required due to unforeseen circumstances. In the case we are unable to deliver within 30 days from the date of purchase, you may cancel without penalty. Cancellation prior to 30 days from the date of purchase, may incur a restocking fee of £80 per pallet, which is a true reflection of our costs.
6. Cancelling an Order.
6.1 If you are a consumer you have a legal right to cancel your contract between the time of purchase and within 14 days of receiving your goods.
6.2 You do not need to give any reason for cancelling your contract.
6.3 To cancel your contract, you must contact us in writing by sending an email to firstname.lastname@example.org or by sending a letter to The Luxury Wood Company at Manor Business Park, Darlton Rd, East Drayton, DN22 0LG.
6.4 Where goods have not been dispatched, and you cancel your order, you shall receive a full refund without any deductions.
6.5 Where goods have already been dispatched but not received by you at the time you cancel your order, you will receive a full refund minus a restocking fee of £80 per pallet, which is a true reflection of our costs.
6.6 Where goods have already been dispatched and received by you at the time you cancel your order, they must be returned by you. Only in cases where we agree in writing to assist you in transporting returned goods are you exempted from your responsibility to return goods yourself.
6.7 In the event that any goods which have been received by you and subsequently returned to us, we reserve the right to charge you for any portion of the goods which are damaged or missing on return.
7. Our products
7.1 Any images of our products are for illustrative purposes only. Although we make every effort to display out products accurately, we cannot guarantee that the products accurately reflect them. The products you order may vary from any images you have seen on our website or on any other advertising.
7.2 The packaging of the products may vary from that shown on any images which are used as advertising materials.
7.3 All of our products are subject to availability. We will inform you by email as soon as possible if the product you have ordered is not available.
7.4 Formal confirmation of your order will be given when you receive your invoice for the product/s that you have ordered. This means that the goods are in stock and your order can be fulfilled.
7.5 Up to the point when the Buyer receives the invoice the Seller has the right to inform the Buyer that it will not be possible to process their order.
8.1 You may only purchase products from us if you are 18 years or over.
8.2 We intend to rely upon these Conditions and any document expressly referred to in them in relation to the contract between you and us. While we accept responsibility for our statements and representation made by our duly authorised agents, any variations from these Conditions much be confirmed in writing by a Director of the company.
9. Extent of Liability
9.1 If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable.
9.2 Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the contract.
9.3 Subject to the provisions for business customers below, we only supply the products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purpose unless we specifically agree this with you in writing and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.4 We do not in any way exclude or limit our liability for:
9.4.1 Death or personal injury cause by our negligence
9.4.2 Fraud or fraudulent misrepresentation
9.4.3 Any breach of the Conditions implied by the Sale of Goods Act 1979, Consumer Rights Act 2015, and any other applicable Acts which affect your rights as a consumer.
10. Terms and Conditions applicable to Business and Wholesale Customers
10.1 The Luxury Wood Company sells directly to registered businesses for the purpose of resale. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you are purchasing products for resale.
10.2 The Luxury Wood Company uses selected suppliers to produce products for provisions to resellers. The arrangement between Luxury Wood Company and its suppliers represents a key element of our competitive advantage and intellectual property, and these Conditions are designed to protect those relationships. By agreement to these Conditions, you agree that you will not approach or purchase from any supplier that has been involved in the production or manufacturing of products purchased through the Luxury Wood Company.
10.3 Any breach of clause 10.2 will entitle us to compensation of a sum no less than 20% of the purchase price paid to the supplier in question, for a period of 24 months following completion of the last contract between the Reseller and The Luxury wood company.
11. Our Liability to Business and Wholesale Customers
11.1 Nothing in these Conditions limits or excludes our liability for
11.1.1 Death or personal injury caused by our negligence
11.1.2 Fraud or Fraudulent misrepresentation
11.1.3 Breach of the Conditions implied by Section 12 of the Sale of Goods Act 1979 (title and quiet possession)
11.2 We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for:
11.2.1 Any loss of profits, sales, business or revenue.
11.2.2 Any loss or corruption of data, information or software
11.2.3 Loss of business opportunity
11.2.4 Loss of anticipated savings
11.2.5 Loss of goodwill
11.2.6 Any indirect consequential loss
11.3. Our total liability to you in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the product.
11.4. Except as expressly stated in these Conditions, we do not give any representations, warranties or undertaking in relation to the products. Any representation, condition or warranty which might be implied or incorporated into these Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.
12. Use of the Product for re-sale purposes (for Business and Wholesale customers only)
12.1 In certain circumstances, we may come to an agreement with you to enable you to purchase products for re-sale purposes. Any such agreement must be agreed in writing between the parties. Delivery charge may apply where products are purchases for re-sale purposes.
12.2 If you are purchasing products for re-sale, at our absolute discretion, we may agree to complete delivery of the products to you prior to payment for the products having been made in full. For the avoidance of doubt, risk of damage or loss of the products shall pass to you on completion of the delivery.
12.3 In spite of delivery having been made and the passing of risk in the products, title of the products shall not pass from us to you until you have paid in full.
12.4 Until property in the products passes to you in accordance with this clause, you shall hold the products on a fiduciary basis as a Bailee the Luxury Wood Company.
12.5 We shall be entitled to recover the price notwithstanding that the property in the product has not passed from us to you.
12.6 Until such time as property in the products passes from us to you, you shall, upon request deliver up the products to us. If you fail to do so, we may enter upon any premises owned, occupied or controlled by you, where the products are situation and take repossession of the products.
12.7 You shall not pledge or in any way charge, by way of security for any indebtedness, the products while they remain our property.
12.8 you shall insure and keep insured the products to their full price against all risk to our reasonable satisfaction until the date the property in the products passes from us to you and you shall whenever requested by us, produce a cosy of the policy of insurance.
12.9 In the event that products are dispatched to you before payment in full and in cleared funds of the price you shall pay the price of any balance therefore on the date and by the method set out in the order form. If you fail to make such payment within 10 calendar days of the due date for payment, then we shall be entitled to charge you interest (both before and after any judgments) on the amount unpaid form the date on which it was due at the rate of statutory interest under the Late Payment of Commercial Debts (interest) Act 1998 until payment is made in full.
12.10 You shall be liable for and indemnify us against all costs and expenses incurred by is in respect of any steps, actions or proceedings made or brought against you by us to obtain payment of outstanding monies and interest.
12.11 Either party may (without limiting any other remedy) at any time terminate the contract by giving notice in writing to the other if the other commits any breach of these Conditions and fails to remedy the breach within 14 days after being required by notice in writing to do so. Additionally if either party to the contract goes into liquidation and becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed the contact can be terminated. Termination of the contract shall not affect any rights either party had up to the date of termination.
13. Events beyond our control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is cause by an event beyond our control.
13.2 An event beyond our control means any act or event beyond our reasonable control including without limitation: accident to our breakdown of delivery vehicle, strikes, lock outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat or terrorist attack, war (whether declared of not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.3 If an event beyond our control takes place that affects the performance of our obligations under a contract:
13.3.1 We will contact you as soon as reasonably possible to notify you
13.3.2 Our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the event beyond our control. Where the event outside our control affects our delivery of products to you, we will arrange a new deliver date with you after the event outside of our control is over.
14.1 When we refer to these Conditions, to “in writing” this will include by email or letter.
14.2 If you wish to contact us in writing, or if any clause in these Conditions requires you to give us notice in writing, you can send this to us by email email@example.com . We will confirm receipt of this by contacting you in writing, normally by email.
14.3 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provided to us in your order
14.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.
15. Prizes and Promotions
15.1 Online promotions and special offers may be available to our customers from time to time; details of promotions will usually be available on our website. Separate Conditions will apply for each promotion or special offer; they will be subject to availability and we reserve the right to cancel a promotion or special offer at any time before completion of the contract in accordance with sub-clause 6.2 without prior warning. Once an order has been placed, it will not be possible for you to apply a promotion code retrospectively.
15.2 The promoter and the Luxury Wood Company shall not be responsible for damages, losses or liabilities of any kind, including without limitation, direct, indirect or consequential loss or damage arising out of or in relation to the prize draw.
15.2 Nothing shall limit or exclude liability for death or personal injury as a result of the promoter’s negligence.
15.4 The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
15.5 The prize draw will be governed by English law and it’s subject to the exclusive jurisdiction of the English Courts.
16. Other important Conditions
16.1 We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or obligations under these Conditions.
16.2 You may only transfer your rights or your obligations under these Conditions to another person if we agree in writing.
16.3 This contract is between you and us. No other personal shall have any rights to enforce any of its Conditions whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
16.4 If we fail to insist that you perform any of your obligations under these Conditions, or if we do not enforce our rights against you, or we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with these obligations. If we do waive by default we will do so in writing and that will not mean that we automatically waive any later defaults by you.
17.1 VAT on domestic solid fuel for use by consumers is charged at the reduced rate of 5%. The Luxury Wood Company will not be held responsible for the use of products which require a higher rate of VAT to be levied. This includes any use of wood pellets, fire wood, briquettes and peat for any use other than a fuel source.
17.2 In cases where we are selling goods specifically for resale (I.e. to Resellers) we are responsible for levying VAT at 20%. In such cases the total VAT due will be stated on our invoice.
18. Entire Agreement
18.1 These Conditions and any documents referred to within these Conditions set out the whole of our agreement relating to the supply of goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these Conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentations, we shall have no liability for any such representations being untrue or misleading.
19.1 If you are a consumer, please note that these Conditions are governed by English Law. This means a contract for the purchase of products and any dispute or claim arising out of or in connection with it will be governed by English Law. You and we both agree that the court of England have non-exclusive jurisdiction.
19.2 If you are a business, these Conditions are governed by English law. This means that a contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
20.1 If any part of these Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
21. Dispute resolution
21.1 In the event of any dispute or disagreement arising out of or in connection with the contract or any breach of contract, either party may serve notice upon the other, setting out brief details of the dispute that has arisen and the parties shall use reasonable endeavours to settle the dispute by good faith negotiation.
21.2 If the dispute cannot be resolved with 28 days of either party serving notice of a dispute, the parties shall submit the dispute to a neutral adviser.
213 Either party may give written notice to the other explaining the dispute, proposing three suitable persons to be appointed.
21.4 If the parties accept any recommendations made by the neutral adviser or otherwise reach agreement as to the resolution of the dispute, such agreement shall be recorded in writing and signed by the parties, and neutral adviser as a witness, at this point the agreement shall become binding upon the parties.
21.5 The costs and fees of the neutral adviser shall be borne equally by the parties. The parties shall bear their own costs of all other aspects, including legal advice, of the ARD procedures.
21.6 If the dispute is not resolved by the independent adviser then the dispute can be resolved via court proceedings.