BACKGROUND:
These Terms and Conditions are the standard terms for the sale of goods by Tudor & More Ltd, trading as Tudor Oak, a company registered in England under 10021189 of 7 Beech Court Gardens, Maidstone, Kent ME15 6AJ.
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
| “Business Day” | means, any day other than a Saturday, Sunday or bank holiday; |
| “Calendar Day” | means any day of the year; |
| “Contract” | means the contract for the purchase and sale of Goods, as explained in Clause 2; |
| “Goods” | means the goods which are to be supplied by the Seller to a Buyer as specified in a Buyer’s Order (and confirmed in the Order Confirmation); |
| “Stock Goods” | means the goods which have been manufactured by the Seller and were available for immediate purchase from the showroom without any alterations |
| “Bespoke Goods” | means the goods that are manufactured to order for a Buyer, to their exact requirements (including design, size and/or colour); |
| “Month” | means a calendar month; |
| “Price” | means the price payable for the Goods; |
| “Special Price” | means a special offer price payable for Goods which the Seller may offer from time to time; |
| “Order” | means a Buyer’s order for the Goods |
| “Order Confirmation” | means the acceptance and confirmation of a Buyer’s Order as described in Clause 2; |
| “Buyer” | means the person or company named in the quotation, Order Confirmation or Order who buys or agrees to buy the goods from the Seller |
| “Seller” | means Tudor & More Ltd (trading as Tudor Oak), a company registered in England under 10021189 of 7 Beech Court Gardens, Maidstone ME15 6AJ and includes all employees and agents of Tudor & More Ltd.. |
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, fax or other means.
2.1 These Terms and Conditions govern the sale of goods by Seller and will form the basis of the Contract between the Seller and a Buyer. Before submitting your Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please contact the Seller for clarification.
2.2 Nothing provided by the Seller including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. A Buyer’s Order constitutes a contractual offer that the Seller may, at their discretion, accept.
2.3 A legally binding contract between the Seller and a Buyer will be created upon our acceptance of the Order, indicated by our Order Confirmation. Order Confirmations will be provided in writing.
3.1 The Seller have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in our sales and marketing literature and on our website. The Seller cannot, however, guarantee that all illustrations and/or photographs will be precisely accurate due to discrepancies that may arise during the production process, due to the nature of the material used and differences in the colour reproduction of electronic displays.
3.2 If a Buyer receives any Goods that do not conform to illustrations, photographs or descriptions under sub-Clause 3.1 a Buyer may return those Goods to the Seller as provided in Clause 7.
3.3 If the Seller finds, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents the Seller will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, a Buyer have received the wrong Goods, Buyer may return those Goods to the Seller as provided in Clause 7. If, as a result of any such error or omission, a Buyer have paid too much, the Seller will refund the excess paid for the Goods.
3.4 The Seller reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
3.5If the Buyer requires Bespoke Goods, the Seller will produce new designs or alter existing designs to a Buyer’s specifications and requirements. Further information on what the Seller will require with the Order for bespoke Goods can be requested by contacting our office
3.6 When placing an Order for bespoke Goods, please ensure that all information that a Buyer provide to the Seller is correct, accurate and complete. The Seller cannot accept the return of any bespoke Goods if the return is due to incorrect information provided by a Buyer. Please note that this does not affect a Buyer’s legal rights (including but not limited to those described in these terms and conditions).
4.1 Any quotations made by the Seller shall amount to an invitation to a Buyer to make an offer on the terms set out in such quotation. All quotations are given subject to the Seller’s right to alter or withdraw the same without notice. A binding contract between the Seller and a Buyer shall only arise upon acceptance by the Seller of a Buyer’s offer and such contract shall be subject to the terms and conditions stated herein.
4.2 No conditions or stipulations in or attached to a Buyer’s form of order which are inconsistent with these conditions or which purport to add or modify these conditions in any way shall have any effect.
4.3 Prices quoted are based on the cost of material, labour, transport prevailing at the date of quotation and in the event of any variation in such costs occurring before the date of despatch the Seller reserve the right to adjust the price accordingly.
4.4 The quotation is subject to the availability of labour and materials.
4.5 Unless otherwise stated all quotations are valid for a period of 90 days.
5.1 All Orders for Goods made by a Buyer will be subject to these Terms and Conditions.
5.2 The Seller will only accept changes to Orders if they are reasonably able to accommodate a Buyer’s request without additional work. Requests to change Orders need to be made in writing.
5.3 If a Buyer’s Order is changed the Seller will inform them of any change to the Price in writing.
5.4 A Buyer may cancel their Order of Stock Goods at any time before the Seller despatch the Goods by contacting the Seller. If a Buyer have already paid for the Goods under Clause 5, the payment will be refunded to them within 30 days. This does not apply to Bespoke Goods. The Seller will only accept an Order cancellation for Bespoke Goods if they have not yet begun making or altering the Goods. If a Buyer request that their Order to be cancelled, they must confirm this cancellation in writing.
5.5 The Seller may cancel the Order at any time before the despatch of the Goods in the following circumstances:
5.6 The Goods are no longer in stock and the Seller are unable to re-stock (if, for example, the Goods are discontinued); or
5.7 An event outside of the Seller’s control continues for more than 14 days (please see Clause 12 for events outside of the Seller’s control).
5.8 If the Seller cancel Order under sub-Clause 4.5 and a Buyer have already paid for the Goods under Clause 5, the payment will be refunded to a Buyer within 30 days. If the Seller cancel Order, the cancellation will be confirmed by the Seller in writing.
6.1 The Price of the Goods will be that shown in the Seller’s price list in force at the time of a Buyer’s Order. If the Price shown in a Buyer’s Order differs from the current Price, the Seller will inform a Buyer upon receipt of their Order.
6.2 If the Seller quote a Special Price which is different to the Price shown in Our current price list, the Special Price will be valid for 30 days or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. Orders placed during this period will be accepted at the Special Price even if the Seller do not accept the Order until after the period has expired.
6.3 The Seller’s Prices may change at any time but these changes will not affect any Orders that the Seller have already accepted.
6.4 The Seller have made every reasonable effort to ensure that the Prices, as shown in the current price list are correct. Prices will be checked when the Seller process the Order. If the actual Price of the Goods is lower than that stated in the Order, a Buyer will be charged the lower Price (unless the lower price was an obvious mistake that a Buyer could have reasonably recognised). If the actual Price of the Goods is higher than that stated in the Order, the Seller will contact a Buyer to inform them and ask how a Buyer wish to proceed.
6.5 All Prices include VAT, unless stated otherwise. If the rate of VAT changes between the date of the Order and the date of the payment, the Seller will adjust the rate of VAT that a Buyer must pay. Changes in VAT will not affect any Prices where the Seller have already received payment in full from a Buyer.
6.6 Our Prices exclude the cost of delivery. Delivery costs will be added on to the final sum due.
6.7 If a Buyer hold a credit account with the Seller, payment shall be made in full within 30 days of receipt of the goods/invoice.
6.8 Upon acceptance of a quotation for Bespoke Goods, if not covered by section 6.7., a Buyer shall pay to Seller, by way of deposit, 50% of the Price plus VAT. Should a Buyer fail to pay such deposit the Seller shall (without prejudice to any other rights the Seller may have) be entitled to rescind the Contract with immediate effect. Payment of the balance of the Price plus VAT shall be due 3 days prior to collection/delivery, unless agreed otherwise.
6.9 Payment on the due date shall be regarded as a fundamental term of the contract and failure by the Buyer to comply therewith shall entitle the Seller to treat the contract as suspended by a Buyer.
6.10 All payments for Stock Goods must be made in advance before the Seller can despatch the Goods to a Buyer.
6.11 Seller accept the following methods of payment:
6.11.1 Direct Bank Transfer (BACS);
6.11.2 Cheque;
6.11.3 Cash;
6.11.4 PayPal.
6.12 If paying by Cheque, the Seller needs to have cleared funds in the Bank account before confirming the payment as received.
6.13 If a Buyer do not make payment to the Seller by the due date as shown in/on the invoice the Seller may charge a Buyer interest on the overdue sum at the rate of 2% per annum above the base lending rate of the Bank of England from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. Buyer must pay any interest due when paying an overdue sum.
6.14 The provisions of sub-Clause 5.10 will not apply if a Buyer have promptly contacted the Seller to dispute an invoice in good faith. No interest will accrue while such a dispute is on-going.
7.1 Please note that delivery is currently only possible within the United Kingdom
7.2 A Buyer is responsible for organising the delivery of their Goods and their customs clearance when placing an Order to export the Goods abroad, unless specifically discussed and agreed with the Seller.
7.3 When the Seller sends a Buyer an Order Confirmation, the Seller will provide an estimated delivery date. Please note that estimated delivery dates may vary according to the availability of Goods, a Buyer’s location, and circumstances beyond our control.
7.4 Goods listed under Offers and Accessories on the Buyer’s website, are available for immediate delivery, within 10 working days.
7.5 If a Buyer indicates in the Order that they wish to collect the Goods from Seller, a Buyer may do so after receiving the Order Confirmation, during the business hours of 9 am till 5 pm Monday to Friday.
7.6 Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in the Order or, if a Buyer are collecting the Goods from Seller, when a Buyer have collected the Goods.
7.7 If for any reason the Seller are unable to deliver the Goods at a Buyer’s chosen delivery address, the Seller will leave a note informing a Buyer that the Goods have been returned to the premises, requesting that a Buyer contact the Seller to arrange re-delivery. Extra delivery charge may apply in these circumstances, which will be confirmed by the Seller in writing.
7.8 The responsibility (sometimes referred to as the “risk”) for the Goods remains with the Seller until delivery is complete as defined in sub-Clause 7.5 at which point it will pass to a Buyer.
7.9 A Buyer owns the Goods once the Seller have received payment in full for them.
7.10 Please note that delivery to the following areas may require more time:
8.1 If a Buyer receives Goods that are incorrect, caused by a mistake made by the Seller in production, alteration, delivery or by Our incorrect description or information (see sub-Clauses 3.2 and 3.3), a Buyer have the right to return them in exchange for a refund or a replacement, subject to the provisions of this Clause 8. This Clause 8 does not apply to Goods that a Buyer are merely not satisfied with or to Goods that are faulty. For Goods that a Buyer are dissatisfied with or faulty Goods, please see Clauses 9 or 10 respectively.
8.2 Bespoke Goods which are incorrect as a result of incorrect information that a Buyer have supplied to the Seller cannot be returned, as set out in sub-Clause 3.6.
8.3 If a Buyer wishes to return Goods to Seller under this Clause 8, a Buyer must do so within a reasonable time of taking delivery (or collecting them from the Seller).
8.4 All Goods must be returned to the Seller under this Clause 8 in their original condition accompanied by proof of purchase.
8.5 A Buyer may return Goods to the Seller in person during the business hours of 9 am – 5 pm Monday-Friday or a Buyer may return them by post or another suitable delivery service. For Goods returned under this Clause 8 the Seller will reimburse a Buyer for any reasonable postage or shipping costs.
8.6 A Buyer may request that the Seller collect the Goods from a Buyer. Please ensure that the Goods are ready for collection at the agreed time and location. The Seller are solely responsible for the cost of collecting the Goods under this Clause 8.
8.7 Refunds or replacements will be processed to a Buyer immediately if Buyer return Goods to the Seller in person or within 7 days of the receipt of the Goods if a Buyer return Goods to the Seller by post or similar delivery service or if the Seller collect the Goods from a Buyer.
9.1 If a Buyer are not satisfied with any Stock Goods purchased from the Seller, a Buyer have the right to return them in exchange for a refund or a replacement, subject to the provisions of this Clause 9. This Clause 9 does not apply to Goods that are faulty. For incorrect faulty Goods please Clause 8 or 10 respectively.
9.2 This Clause 8 does not apply to Bespoke Goods. Goods which the Seller have produced or altered to order for a Buyer cannot be returned if a Buyer changes their mind.
9.3 If a Buyer wish to return Goods to the Seller under this Clause 9, a Buyer must do so within 7 Calendar Days of taking delivery (or collecting them from the Seller), telling the Seller why a Buyer wish to return the Goods.
9.4 All Goods must be returned to the Seller under this Clause 9 in their original condition, accompanied by proof of purchase.
9.5 A Buyer may return Goods to the Seller in person during the business hours of 9 am – 5 pm Monday to Friday or Buyer may return them by post or another suitable delivery service of their choice. A Buyer is solely responsible for the cost of returning Goods to the Seller under this Clause 9.
9.6 A Buyer may request that the Seller collect the Goods from a Buyer. Please ensure that the Goods are ready for collection at the agreed time and location. The Seller may charge a Buyer for collecting Goods under this Clause 9.
9.7 Refunds or replacements will be processed to a Buyer immediately if a Buyer return Goods to the Seller in person or within 7 days of the receipt of the Goods if a Buyer return Goods to the Seller by post or similar delivery service or if the Seller collect the Goods from a Buyer.
10.1 If a Buyer receives Goods that are damaged or faulty a Buyer have the right to return them in exchange for a refund, replacement or repair, subject to the provisions of this Clause 10. This Clause 10 does not apply to Goods that are incorrect of Goods that a Buyer wish to return because a Buyer have changed their mind. Please refer to Clauses 8 or 9 above for incorrect Goods or returns if a Buyer have changed their mind.
10.2 If a Buyer wish to return Goods to the Seller under this Clause 10 please do so as soon as reasonably possible after discovering the damage or fault. Please contact the Seller to inform them of the fault and to arrange the return and refund, replacement or repair.
10.3 This Clause 10 only applies to Goods that are damaged or faulty when a Buyer receives them. Faults or damage caused by normal wear and tear or improper treatment does not entitle a Buyer to return Goods under this Clause 10. The Seller may require a Buyer to prove that the Goods in question are faulty if a Buyer returns them to the Seller under this Clause 10 more than six months after the delivery date.
10.4 This Clause 10 does not apply if a Buyer purchased the Goods having been told by the Seller of the particular damage or fault (If, for example, the Goods are sold as “ex-display”, “sold as seen”, or at a discounted rate).
10.5 A Buyer may return Goods to the Seller in person during the business hours of 9 am – 5 pm Monday-Friday or a Buyer may return them by post or another suitable delivery service of their choice. For Goods returned under this Clause 10 the Seller will reimburse a Buyer for any reasonable postage or shipping costs.
10.6 A Buyer may request that the Seller collect the Goods from a Buyer. Please ensure that the Goods are ready for collection at the agreed time and location. The Seller are solely responsible for the cost of collecting the Goods under this Clause 10.
10.7 Refunds or replacements will be processed to a Buyer immediately if a Buyer return Goods to the Seller in person or within 7 days of the receipt of the Goods if a Buyer returns Goods to the Seller by post or similar delivery service or if the Seller collects the Goods from a Buyer.
10.8 If Goods are to be repaired the Seller will give a Buyer a repair estimate within 7 days of a Buyer returning the Goods to the Seller in person or of the receipt of the Goods if a Buyer return Goods to the Seller by post or similar delivery service or if the Seller collect the Goods from the Buyer.
11.1 For Goods that the Seller have produced, customised or altered (including Bespoke Goods), the Seller guarantee that for a period of 25 years for Furniture and 5 year for Joinery, from the date of delivery, the Goods will be free from material defects. This guarantee is subject to the exceptions listed in sub-Clause 11.2.
11.2 Our guarantee does not apply to any defects in the Goods caused by:
11.2.1 Normal wear and tear;
11.2.2 Deliberate damage and/or misuse of the Goods;
11.2.3 Accidental damage;
11.2.4 Failure to use the Goods in accordance with their instructions; or
11.2.5 The alteration or repair of the Goods by a Buyer or any third party that is not authorised by the Seller.
11.3 Our guarantee exists in addition to a Buyer’s legal rights as a consumer (that the Goods match the description, that they are of satisfactory quality and that they are fit for purpose). More information on Buyer’s rights as a consumer can be obtained from Buyer’s local Citizens Advice Bureau or from the Office of Fair Trading.
11.4 For Goods that the Seller have not produced, customised or altered the Goods may be provided with a manufacturer’s guarantee. For further details and terms please refer to the manufacturer’s guarantee documentation supplied with the Goods.
11.5 The manufacturer’s guarantee exists in addition to Buyer’s legal rights as a consumer (that the Goods match their description, that they are of satisfactory quality and that they are fit for purpose). More information on Buyer’s rights as a consumer can be obtained from Buyer’s local Citizens Advice Bureau or from the Office of Fair Trading.
12.1 The Seller will be responsible for any foreseeable loss or damage that a Buyer may suffer as a result of the breach of these Terms and Conditions or as a result of the Seller’s negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by a Buyer and the Seller when the Contract is created. The Seller will not be responsible for any loss or damage that is not foreseeable.
12.2 Under these Terms and Conditions the Seller only supply Goods for domestic and private use. Our Business to Business Terms and Conditions are available upon request. The Seller make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). By making their Order, a Buyer agrees that they will not use the Goods for such purposes. The Seller will not be liable to Buyer for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
12.3 Nothing in these Terms and Conditions seeks to exclude or limit the liability for death or personal injury caused by the Seller’s negligence (including that of their employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
12.4 Furthermore, nothing in these Terms and Conditions seeks to exclude or limit the Seller’s liability for the following with respect to Buyer’s rights as a consumer:
12.4.1 Breach of Buyer’s right to title and quiet possession as implied by section 12 of the Sale of Goods Act 1979;
12.4.2 Breach of terms relating to description, satisfactory quality, fitness for purpose and samples as implied by sections 13, 14 and 15 of the Sale of Goods Act 1979;
12.4.3 Our liability relating to defective products as set out in the Consumer Protection Act 1987.
13.1 The Seller will not be liable for any failure or delay in performing their obligations where that failure or delay results from any cause that is beyond the Seller’s reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond the Seller’s control.
13.2 If any event described under this Clause 13 occurs that is likely to adversely affect the performance of any of the Seller’s obligations under these Terms and Conditions:
13.2.1 The Seller will inform a Buyer as soon as is reasonably possible;
13.2.2 The Seller’s obligations under these Terms and Conditions will be suspended and any time limits that the Seller are bound by will be extended accordingly;
13.3.3 The Seller will inform a Buyer when the event outside of their control is over and provide details of any new dates, times or availability of Goods as necessary;
13.3.4 If the event outside of the Seller’s control continues for more than 14 days, the Seller will cancel the Contract and inform a Buyer of the cancellation. Any refunds due to a Buyer as a result of that cancellation will be paid to a Buyer as soon as is reasonably possible;
13.3.5 If an event outside of the Seller’s control occurs and a Buyer wish to cancel the Contract, a Buyer may do so in accordance with their right to cancel under sub-Clause 13.2.4 above.
14.1 If a Buyer wish to contact the Seller with questions or complaints, a Buyer may contact the Seller by telephone at 01622 541711 or by email at info@tudor-oak.co.uk.
14.2 In certain circumstances a Buyer must contact the Seller in writing (when cancelling an Order, for example). When contacting the Seller in writing a Buyer may use the following methods:
14.2.1 Contact Seller by email at info@tudor-oak.co.uk; or
14.2.2 Contact Seller by pre-paid post at Tudor Oak Showroom & Head Office: Unit 12, Burnt House Farm Business Park, Bedlam Lane, Smarden, Ashford TN27 8PG
15.1 All personal information that the Seller may collect (including, but not limited to, a Buyer’s name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and a Buyer’s rights under that Act.
15.2 Seller may use a Buyer’s personal information to:
15.2.1 Provide Goods and services to Buyer;
15.2.2 Process a Buyer’s payment for the Goods; and
15.2.3 Inform a Buyer of new products and services available from the Seller. A Buyer may request that the Seller stop sending a Buyer this information at any time.
15.3 In certain circumstances (if, for example, a Buyer wishes to purchase Goods on credit), and with a Buyer’s consent, the Seller may pass a Buyer’s personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold a Buyer’s personal information accordingly.
15.4 The Seller will not pass on a Buyer’s personal information to any other third parties.
16.1 The Seller may transfer (assign) their obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if the Seller sells their business). If this occurs a Buyer will be informed by the Seller in writing. A Buyer’s rights under these Terms and Conditions will not be affected and the Seller’s obligations under these Terms will be transferred to the third party who will remain bound by them.
16.2 The Contract is between a Buyer and the Seller. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
16.3 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
16.4 No failure or delay by the Seller in exercising any of their rights under these Terms and Conditions means that the Seller has waived that right, and no waiver by the Seller of a breach of any provision of these Terms and Conditions means that the Seller will waive any subsequent breach of the same or any other provision.
17.1 These Terms and Conditions (and the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by and construed in accordance with, the laws of England and Wales.
17.2 Any dispute, controversy, proceedings or claim between the Seller and a Buyer relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the non-exclusive jurisdiction of the courts of England and Wales.
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