Terms and conditions
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 07943716077.
These terms were last updated on 01/06/2019.
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Grzegorz Gora trading as GG Joinery, Horne Park Farm, Bones Lane, Lingfield, RH 76HR with email address email@example.com; telephone number 07943716077; VAT Reg No: 300 5749 32. (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods mean the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
8. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
10. Website means our website www.planedoak.co.uk on which the Goods are advertised.
11. The description of the Goods is as set out in the Website, catalogues, brochures or other forms of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied. We do not take responsibility for the colours and shades of wood that we sell.
12. The timber after being planed can have some knots, however, at least one side of the plank is of good quality.
13. We do not joint any planks or worktops by joining the shorter sides (so that length does not increase), however, we do join the longer sides in order to make the planks and worktops wider. This only applies to the widest planks or worktops, generally with a width of 200mm or more.
14. All the dimensions can be bigger or smaller by +/- 2mm.
15. All of the boards that we sell are kiln-dried.
16. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
17. All Goods which appear on the Website are subject to availability.
18. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
20. We may contact you by using e-mail or other electronic communication methods.
Basis of Sale
21. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
22. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
23. A Contract will be formed for the Goods ordered only when you receive an email from us confirming the Order (Your Order Has Been Paid). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
24. Any quotation is valid for a maximum period of 14 days from its date unless we expressly withdraw it at an earlier time.
25. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
26. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Price and Payment
27. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
28. In the event that GG Joinery product is mistakenly listed at an incorrect price, GG joinery reserves the right to refuse or cancel any orders placed for product listed at an incorrect price. GG Joinery reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, GG Joinery shall issue a credit to your credit card account in the amount of the incorrect price.
29. Prices and charges include VAT at the rate applicable at the time of the Order.
30. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
31. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 5-6 working days after the day on which the Contract is entered into.
32. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
33. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
34. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
35. We do not generally deliver to addresses outside England and Wales.
36. You agree we may deliver the Goods in installments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
37. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
38. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
39. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
40. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
41. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
42. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
43. It is not a failure to conform if the failure has its origin in your materials.
Successors and our sub-contractors
44. Either party can transfer the benefit of this Contract to someone else and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
45. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
46. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
47. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
48. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
49. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.
Right of Return and Refund
50. You can withdraw the Order by telling us before the Contract is made if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
51. If you are a Consumer, you have a legal right to cancel a Contract (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) during the period set out below in clause 52. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep the Goods, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
52. You can cancel the Contract except for any Goods which are made to your special requirements by telling us no later than 14 days after you received the product, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your expense. Then we must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.
53. However, this cancellation right does not apply in the case of any made-to-measure or custom-made Goods or Goods made to your specification or clearly personalised. This exception to the right to cancel includes any wood or other materials cut to a length or dimension specified by you and where goods are inseparably mixed with other goods after their delivery (e.g., wood that has been painted by the customer).
54. To cancel a Contract, please contact us in writing to tell us by sending an e-mail to firstname.lastname@example.org or by sending a letter to GG Joinery, 168 Western Road, Mitcham, CR4 3EB. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you cancel using our form or by email, we will e-mail you to confirm we have received your cancellation.
55. If you cancel your Contract we will:
56. If we have not offered to collect the Goods, we will make the refund without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied or b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
57. If we have offered to collect the Goods or if no Goods were supplied, we will make the refund without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
58. If you have returned the Goods to us, because they are faulty or misdescribed, we will refund the price of the defective Goods in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
59. We will make the refund 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 refund.
60. If the Goods have been delivered to you before you decide to cancel your Contract:
61. Except as set out below, if you cancel this Contract, we will refund 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).
62. We may make a deduction from the refund for loss in value of any goods supplied if the loss is the result of unnecessary handling by you. This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
63. Because you are a Consumer, we are under a legal duty to supply Goods that are in conformity with this Contract. As a consumer, you have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by your right of return and refund in these Terms and Conditions. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
64. You have a legal obligation to keep the Goods in your possession and to take reasonable care of the Goods while they are in your possession. ‘Reasonable care’ will include, but not exclusively, refraining from and ensuring that the following does not occur to the goods:
65. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).