Terms & Conditions of Sale

PLEASE READ THESE CONDITIONS CAREFULLY. THERE ARE CERTAIN PROVISIONS WHICH APPLY TO BUSINESS CUSTOMERS AND SOME WHICH APPLY TO CONSUMERS ONLY: CONDITION 2.3 EXPLAINS THE DIFFERENCE BETWEEN BUSINESS CUSTOMERS AND CONSUMERS. WE DRAW YOUR ATTENTION TO (i) YOUR RIGHT TO CHANGE YOUR MIND IN CONDITION 4.1, IF YOU ARE A CONSUMER BUYING ONLINE, BY POST OR TELEPHONE; AND (ii) THE LIMITS TO OUR LIABILITY IN CONDITION 11. 

1. DEFINITIONS

1.1'Conditions’ means the terms and conditions of sale set out in this document as amended from time to time in accordance with Condition 14.3 or Condition 19.
1.2‘Contract’ means the agreement between you and us for the purchase and sale of Goods formed in accordance with Condition 3.2.
1.3‘Delivery Location’ means either: (i) if we are delivering the Goods, the location set out in the Contract or such other location as you and we may agree in writing; or (ii) if you are collecting the Goods, the branch from which you and we have agreed you are to collect the Goods.
1.4‘Goods’ means any goods, materials or accessories agreed to be sold or delivered by us to you subject to the Conditions.
1.5‘Order’ means your order for the Goods, whether given in your purchase order form, by your written acceptance of our quotation, made in person at one of our stores, or given by telephone, email or through our website.
1.6‘Unforeseen Event’ is an event, circumstance, or cause beyond a party's reasonable control. 

2. INTERPRETATION

2.1 References to 'we’, ‘our‘ and ‘us’ are to Alsford Timber Limited, a limited company incorporated in England and Wales with company number 02827724 with its registered office at 45 Portsmouth Road, Cobham, Surrey, England KT11 1JQ and, where the context so requires, includes our employees, directors or representatives.
2.2 References to ‘you’ and ‘your’ are to the person, firm or company to whom goods are supplied subject to these Conditions.
2.3 You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual. All other customers are consumers.
2.4 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
2.5 A reference to a party includes its personal representatives, successors and permitted assigns.
2.6 A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision.
2.7 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2.8 A reference to writing or written includes email. 

3. EXISTENCE OF CONTRACT

3.1 These Conditions shall apply to all Contracts for the sale of Goods from us to you to the exclusion of all other terms and conditions including (but not limited to) any terms or conditions which you may purport to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing. All Orders shall be deemed to be an offer by you to purchase Goods pursuant to these Conditions.
3.2 A Contract shall come into existence on the earlier of: (i) when we confirm dispatch of Goods under your Order in writing, (ii) we deliver the Goods to the Delivery Location, or (iii) you pick up the Goods from the Delivery Location, or, if buying instore, when you purchase the Goods at one of our branches.
3.3 A quotation by us shall not constitute an offer. We may withdraw or amend any quotation at any time prior to our acceptance of your Order. A quotation is open for a period of 14 (fourteen) days, unless we withdraw it earlier, after which it will lapse.
3.4 The colour of the Goods may not exactly match that shown on your device, or in our marketing, or their packaging may be slightly different. Where our Goods are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website can be out by up to 2%. 

4. RIGHT TO CHANGE YOUR MIND

4.1If you are a consumer buying online, by email or over the telephone:
4.1.1 If you are a consumer, for most of our Goods bought online, by email or over the telephone, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions as set out below.
4.1.2 You can’t change your mind about any order for Goods which are made to your requirements, specifications, made to measure, made to order, bespoke Goods or Goods which are clearly personalised.
4.1.3 If you change your mind about a product, you must let us know no later than 14 (fourteen) days after the date you pick up your Goods using the ‘click and collect’ service or the date we deliver the Goods, as the context requires. If the Goods are split into several deliveries over different days, the period runs from the day after the last delivery.
4.1.4 To let us know that you want to change your mind, contact our Customer Service Team by filling in the form annexed to these Conditions and post it to one of our branches (you can find your local branch on our website https://www,alsford.co.uk/branch-locator), or send it by email to the email address given in the form, or contact your nearest branch directly and inform them. You may wish to keep a copy of your cancellation notification for your own records.
4.1.5 We will only refund standard delivery costs, we will not refund any extra you have paid for express delivery, or delivery at a particular time.
4.1.6 We will reduce your refund if you have used or damaged the Goods. If you handle the Goods in a way that would not be acceptable in-store, we reduce your refund to compensate us for the reduced value of the Goods. For example, if the packaging of the Goods has been damaged.
4.1.7 We will refund you as soon as possible and within 14 days of receiving the Goods back from you. We will refund you by the method you used for payment. We don’t charge a fee for the refund.
4.1.8 Returns are at your own cost, and the Goods need to be returned to us within 14 days of telling us you have changed your mind. You can either:(a) bring the product to one of our stores (find the one nearest to you at: https://www.alsford.co.uk/branch-locator): you will need your email receipt and the card you paid with; or(b) send the Goods back to us, using an established delivery service to one of our branches, preferably the one which handled your Order. If you do this, you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time, we won’t refund you the price.
4.2If you are a business customer or consumer who bought Goods instore:
4.2.1 We may at our sole discretion accept or reject the return of any Goods, other than those which are faulty or mis-described. If we accept the return of such Goods, these shall be on terms as we may determine at the time and, in particular, we reserve the right to charge a minimum of 15% of the price of the Goods for the carriage and handling of such Goods.
4.2.2 No refunds or account credit notes will be given on bespoke goods, ‘special’ goods, such as items which are not part of our stock inventory that we source for you, or bagged products.
4.2.3 You may not cancel the Contract, except with the written consent from one of our directors.
4.2.4 You agree to reimburse us against all losses (including, but not limited to, loss of profit) costs, damages, charges and expenses incurred by us as a result of you cancelling the Contract. 

5. FAULTY/DEFECTIVE PRODUCTS

5.1 If you think there is something wrong with the Goods, or they are faulty or misdescribed you must either bring it into one of our stores, or contact the Customer Service Team to arrange for collection of the Goods.
5.2 Business customers will be responsible for the cost of returning the Goods to us, or us collecting the Goods from you (if you fall within our stated postcode delivery area). We charge business customers a minimum of £50 or 15% of the price of all Goods to be collected.~5.3 All refunds will be deposited back onto the credit card or debit card you used to pay for the Goods.
5.4If you are a consumer:
5.4.1 We honour our legal duty to provide you with products that are described to you on our website and that meet all requirements imposed by law.
5.4.2 Goods provided to consumers must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of the Goods, your legal rights entitle you to the following:(a) if your Goods are faulty, then you can get a refund up to thirty (30) days after delivery of the Goods to the Delivery Location;(b) if your Goods can’t be repaired or replaced, then you are entitled to a full refund, in most cases up to six (6) months after delivery of the Goods to the Delivery Location; and(c) if your Goods do not last a reasonable length of time you may be entitled to some money back, up to six (6) years after delivery of the Goods to the Delivery Location provided you can demonstrate they were faulty at the time of purchase.
5.4.3 If the fault can’t be fixed, or it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
5.5If you are a business customer:5.5.1 We warrant that on delivery, the Goods shall:(a) conform with their description;(b) be free from material defects in design, material and workmanship;(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and(d) be fit for any purpose held out by us.
5.5.2 We shall, at our option, repair or replace the defective Goods, or refund all or part of the price of the defective Goods in full, as long as:(a) you give us notice in writing within three (3) days after delivery to the Delivery Location that the Goods are defective, short in quantity, damaged or do not comply with their description;(b) we are given a reasonable opportunity of examining such Goods; and(c) you return the Goods at your cost.This Condition 5.5.2 will be your only remedy for breach of the warranty set out in Condition 5.5.1.
5.5.3 We will not be liable for the failure of Goods to comply with the business customer warranty (set out in Condition 5.5.1) if:(a) you make any further use of such product after telling us it is non-compliant;(b) you do not notify us within the timeframe as set out in Condition 5.3.3 (a);(c) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product, or (if there are none) good trade practice;(d) the defect arises because we followed any drawing, design or specification supplied by you;(e) you do not keep the Goods in your possession;(f) you alter or repair the product without our written consent; or(g) the defect arises because of fair wear and tear, wilful damage, negligence or abnormal working conditions. 

6. PRICES & PAYMENT

6.1 All prices are inclusive of VAT, unless you select the option on our website to display prices exclusive of VAT and, in which case, VAT will be due and payable at the prevailing rate required by HMRC. Notwithstanding Condition 14.3, all prices are subject to variation by us without notice and Goods will be invoiced at (a) if you are a consumer, the prices in force on the date on which the Contract is formed in accordance with Condition 3.2; or (b) if you are a business customer, the prices ruling at the date of dispatch/collection from our premises. The prices of the Goods will be as quoted on our website at the time you submit your order, plus any applicable delivery charges as advised Our website contains a large number of Goods, and we take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information is entered onto the system but it is possible that, despite our reasonable attempts, errors are made. We will normally check prices as part of our dispatch procedures so that:
6.1.1 where the correct price of the Goods is less than the price stated on our website, we will charge the lower amount when dispatching the Goods to you; and
6.1.2 if the correct price of the Goods is higher than the price stated on our website, we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we do not receive your instructions within 7 (seven) days of us notifying you, we will treat the order as cancelled and notify you in writing.
6.2 Unless you are a business customer with a credit account facility, all invoices are payable at the time that Goods are delivered to or collected at the Delivery Location, apart from in the case of bespoke Goods. All bespoke Goods or Goods deemed to be ‘specials’ – goods which are not part of our stock inventory that we source for you - must be paid for in full prior to any ordering or manufacturing taking place.
6.3 If you are a business customer and obtain the Goods through our credit account facility, you shall make payment on the last working day of the month following the month of delivery. We will accept payment of credit accounts by credit card subject to a 2.5% surcharge.
6.4 If you fail to make payment in accordance with this Condition 6then, without limiting our remedies in Condition 12, interest will be charged on overdue invoices which shall run from the date when payment becomes due until the date of payment at a rate of 8% above the Bank of England base rate from time to time in force and such rate shall apply both after as well as before any judgement. 

7. MEASURES AND ESTIMATES OF QUANTITIES

7.1 We shall have the option to supply all or any of the Goods in either metric or imperial sizes in the nearest equivalent measure to your requirement.
7.2 You acknowledge and agree that any estimates in respect of quantities needed or advice as to suitability or fitness of any Goods for any particular purpose given by us or our employees or agents are given without obligation or responsibility on our behalf and you will be entirely responsible for ascertaining the quantities required and the suitability and fitness of the Goods for their purpose.
7.3 If we are making or supplying the Goods to measurements you provide, you are responsible for making sure those measurements are correct.
7.4 Where fine or special tolerances are required in the Goods supplied beyond those generally accepted in the building trade, no liability will attach to us unless such fine tolerances are notified in writing to us at the time of your Order and we have acknowledged in writing that we are prepared to accept the same. 

8. DELIVERY

8.1 Delivery is completed on the completion of arrival of the Goods at the Delivery Location, prior to you unloading the Goods, or when you collect them from the Delivery Location, as the context requires.
8.2 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence.
8.3 If there is a delay in delivery of the Goods to you, that is caused by an Unforeseen Event, such as stock shortages. we will contact you as soon as possible to let you know and do what we can to reduce the delay. If the delay is likely to be substantial, you can contact our Customer Service Team at enquiries@alsford.co.uk to end the Contract and receive a refund for any products you have paid for in advance but not received.
8.4 Where delivery of Goods is undertaken by us, it is on the understanding that there is a suitable road / access to the point at the Delivery Location. If no such road / access exists, delivery will be made to the nearest point to which, in our or our carrier’s opinion, we or our carrier can safely proceed and unload.
8.5 Unless we (or our carrier) provide a crane unloading service, all necessary labour and equipment required to unload Goods promptly shall be supplied by you at your expense, and neither we nor our carrier shall be responsible for unloading at the Delivery Location.
8.6 If you don’t allow us to deliver the Goods to you or you collect the Goods from us (if you have selected that you will collect the Goods using our ‘click and collect’ service), in either case, within a reasonable time period, we will:
8.6.1 store the Goods for a period of 28 days, after which we will treat your order as cancelled;
8.6.2 subject to Condition 8.6.3, refund the purchase price to the payment method used to purchase the Goods; and
8.6.3 where Goods are made to your specification, bespoke or are clearly personalised, no refund will be given.
8.7 All costs and expenses incurred by us in respect of storage of undelivered or uncollected Goods, (including insurance) shall be payable by you.
8.8 Should you wish to arrange a subsequent delivery of the Goods then the additional costs of that delivery will be payable by you. 

9. TITLE AND RISK

9.1 Risk of loss of or damage to the Goods shall pass to you on completion of the delivery of the Goods to or their collection from the Delivery Location.
9.2 The title in the Goods shall not pass to you until we have (i) received in cash or cleared funds payment in full for the price of the Goods; or (i) you are a business customer with a credit facility and you resell the Goods in the course of your business (in accordance with and subject to Conditions 9.3 and 9.4), in which case title to the Goods shall pass to you immediately before the time at which resale occurs.
9.3 Business customers who have a credit account facility with us, shall be entitled to resell or use the Goods in the ordinary course of their business, despite the title in the Goods not having passed, but shall account to us for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys or property of you and third parties and, in the case of tangible proceeds, properly stored, protected and insured.
9.4 In the case of business customers who have a credit account facility, until such time as the property in the Goods passes (and provided the Goods are still in existence) you shall:
9.4.1 store the Goods separately from all other goods held by you so that they remain readily identifiable as our Goods;
9.4.2 not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
9.4.3 maintain the Goods in a satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
9.4.4 give us such information as we may reasonably require from time to time in relation to the Goods and your ongoing financial position ; and
9.4.5 notify us immediately if you become subject to any of the events listed in Condition 12.1
9.5 We may recover Goods in which title has not passed to you. You irrevocably licence us, our officers, employees and agents, to enter any of your premises (including with vehicles), in order to satisfy ourselves that you are complying with the obligations in Condition 9.4, and to recover any Goods in which title has not passed to you. 

10. MANUFACTURER’S WARRANTIES & GUARANTEES

10.1 Some of our Goods are sold with a manufacturer’s warranty, guarantee or similar (please see the relevant product description on our website for further details. Any complaint under a manufacturer’s warranty, guarantee or similar assurance should be made direct to the manufacturer and we do not have any responsibility, guarantee or liability in connection with any such warranty, guarantee or assurance.
10.2 Any manufacturer’s warranty, guarantee or similar assurance applies in addition to your legal rights if you are a consumer. 

11. MANUFACTURER’S WARRANTIES & GUARANTEES

11.1Our liability to business customers:
11.1.1 Our liability to you, whether for any breach of the Contract, in tort (including negligence), breach of statutory duty or otherwise shall not in any event exceed the contract price and we shall be under no liability for any loss which is not reasonably foreseeable, such as consequential or indirect loss, suffered (including but not limited to loss of profits sales business or revenue, loss of or corruption of data, loss of opportunity or chance, loss of anticipated saving or loss to goodwill) or liability to third parties incurred by you.
11.1.2 Nothing in these Conditions shall limit or exclude our liability for:(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);(b) fraud or fraudulent misrepresentation;(c) defective products under the Consumer Protection Act 1987;(d) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
11.1.3 Except to the extent expressly stated in Conditions 11.1.1 and 11.1.2, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.
11.2Our liability to consumers:11.2.1 We are responsible for losses you suffer caused by us breaking this contract unless the loss is:(a) unexpected- it was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it;(b) caused by an Unforeseen Event;(c) avoidable- something you could have avoided by taking reasonable action; or(d) a business loss. Liability for loss suffered in connection with your trade, business, craft or profession is limited as described in Condition 11.1 

12. TERMINATION: BUSINESS CUSTOMERS WITH A CREDIT ACCOUNT

12.1 Without limiting its other rights or remedies, either party may terminate any Contract with immediate effect by giving written notice to the other party if:
12.1.1 the other party commits a material breach of any term of the Contract and (if such breach is remediable) fails to remedy that breach within 28 days of that party being notified in writing to do so;
12.1.2 the other party takes any step or action in connection with entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business, or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
12.1.3 the other party suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business; or
12.1.4 the other party’s financial position deteriorates to such an extent to reasonably justify that its ability to give effect to the terms of the Contract has been placed in jeopardy.
12.2 Without limiting our other rights or remedies, we may suspend all deliveries and supply of Goods under the Contract or any other contract between us if you become subject to any of the events listed in 12.1.1 to 12.1.4 or we reasonably believe that you are about to become subject to any of them, or if you fail to pay any amount due under this Contract on the due date for payment.
12.3 On termination or suspension of the Contract for any reason you shall immediately pay to us all of our outstanding unpaid invoices and interest.
12.4 Suspension or Termination of the Contract, however arising, shall not affect any of the parties' rights, remedies, obligations and liabilities that exist as at termination.
12.5 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect. 

13. SET OFF AND COUNTERCLAIM

If you are a business customer, you must pay all amounts due to us in full without any set-off, counterclaim or withholding (other than any deduction or withholding of tax as required by law). 

14. GENERAL

14.1 If you are a business customer, the Contract and these Conditions constitutes the entire agreement between us in relation to your purchase of the Goods, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, relating to the Goods.
14.2 If you are a business customer, you acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract or these Conditions.
14.3 No variation of a Contract shall be effective unless it is in writing and signed by one of our Directors, with the exception of those listed in Condition 6.1.
14.4 No failure or delay by us to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
14.5 If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract. If any provision of the Contract is deemed deleted under this Condition 14.5 we shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

15. CREDIT ACCOUNT

It is a condition of opening a credit account with us that the owners of your business or your directors jointly and severally personally guarantee performance of all of your financial obligations owed to us under the Contract, as provided for in our credit account terms and conditions. 

16. AGE REQUIREMENTS FOR CERTAIN GOODS

We reserve the right to refuse orders of specific goods such as solvents and knives if we consider you to be under 18 years of age or the applicable legal age limit for such purchases. Proof of age may be required. 

17. THIRD PARTY RIGHTS

The Contract is between you and us. No one else can enforce it and neither of us will require anyone else to sign-off on ending or changing it. 

18. GOVERNING LAW AND JURISDICTION

18.1 The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it, shall be governed by and construed in accordance with the law of England and Wales.

18.2 If you are a consumer: wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country that you live in. If you are a consumer, we can claim against you in the courts of the county you live in.

18.3 If you are a business customer: you irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of English Courts. 

19. CHANGES TO THESE CONDITIONS

We reserve the right to review, change and update these Conditions from time to time, and recommend that you revisit our website/reviews the terms and conditions regularly and each time you place an order for Goods to check the then current Conditions that will apply to the Contract. Every time you order Goods from us, the Conditions in force at that time will apply to the Contract. By placing an order for the purchase of any Goods you are deemed to have agreed to any changes or updates to our Conditions.