TermsAndConditions

Terms and Conditions

Please read these terms and conditions carefully. They set out the basis on which you are allowed to use this website and purchase goods from us. If you have any questions about them or don't accept them, please contact us at mark@ingwood.co.uk or on 01889500158 before using this website. We may change these terms from time to time by updating this page. Please check this page from time to time to ensure you are happy with any changes.

These terms include important provisions about possible variations in our goods and explain why in most circumstances, you will not have a right to cancel your order once it has been confirmed.

Some of these terms and conditions apply only to consumers and others apply to business customers only. Such terms are mentioned accordingly. All other terms apply to all customers.

You are a consumer if you are not purchasing either wholly or in part in the course of business or you are not a business.

Who we are
Our liability to you
Your liability to us
Our Contract
Our Goods
Purchasing from us
Paying for the goods
Delivery
Returns
Our right to cancel
Using our website
Linking
General provisions

Who we are

These terms and conditions relate to our website at ingwood.co.uk. We are Ingestre Woodworks, a company registered in England and Wales at Companies House. Our registered office is Unit 1, Abbotswood farm, Kingstone, Staffs ST148QW.

You can contact us by email at mark@ingwood.co.uk or by telephone on 01889 500158.

Our liability to you

These terms and conditions do not exclude our liability (if any) to you for:
1. personal injury or death resulting from our negligence;
2. fraud or fraudulent misrepresentation;
3. breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
4. any matter which it would be illegal for us to exclude or to attempt to exclude our liability.

If you are a business customer we are:
1. only liable to you for losses which you suffer as a direct result of our breach of these terms and conditions; and
2. not responsible to you for any business losses that you may incur, including but not limited to economic loss, lost data, lost profits or business interruption.

Subject always to the exclusions and limitations in these terms and conditions, our total liability to you (from one single cause) for damage to property caused by our negligence is limited to two million pounds (or the appropriate amount of insurance we have in place when the contract is performed).

If you are a business customer our liability for all other liabilities not referred to elsewhere in these terms and conditions is limited to the price of the goods.

You may have other rights granted by law, and these terms and conditions do not affect these except if the two are inconsistent. If this is the case then these terms and conditions will override any other rights which you may have, unless this is not permitted by law.

 

Your liability to us

If you are a business customer you are required to indemnify us in full and hold us harmless from all losses, expenses and liabilities we may incur (directly or indirectly and including financial and legal costs on a full indemnity basis) following any breach by you of any of your obligations under these terms.

This means that you are liable to us for losses we incur because you do not comply with these terms.

If we have to take legal action we will seek to recover our legal costs against you.

 

Our Contract

These terms and conditions below deal with any goods you purchase from us.

Please note that we may not necessarily keep a copy of these terms and conditions and your order. We advise you to print a copy of them for your information in the future.

Our contract and all communications between us will be in English.

 

Our Goods

We will supply goods which at the time of delivery conform to their description on our sales order confirmation and are free from material defects, subject to you complying with your obligations in these terms and conditions and allowing for the natural variations in the grain and colour of our goods (see 'Natural Variations' below).

Bespoke goods

If we prepare, cut to size, and/or specifically select goods in accordance with your specifications or instructions you are responsible for ensuring that:
1. the specifications or instructions are accurate;
2. goods prepared in accordance with those specifications or instructions will be fit for the purpose for which you intend to use them; and
3. your specifications or instructions will not result in the infringement of any intellectual property rights of a third party, or in the breach of any application law or regulation.

We are not responsible for the performance or suitability of goods to the extent that the defective performance or lack of suitability is caused by manufacturing the goods in accordance with your specifications and instructions. No guarantee or warranty is given by us as to practicability, efficiency, safety or drawings supplied by you or to your design or specification. If we prepare goods in accordance with your specifications and instructions you are required to indemnify us in full and hold us harmless from all losses, expenses and liabilities we may incur (directly or indirectly and including financial and legal costs on a full indemnity basis) resulting from such goods infringing any intellectual property right.

If you are a business customer we reserve the right to make any changes in the specifications of our goods that are necessary to ensure they conform to any application safety or statutory requirements and without notice to make any minor modifications to the specifications we think necessary or desirable.

Natural variations

Due to the organic nature of the goods we cannot guarantee that the appearance and/or colours of products shown on this website exactly reproduce the appearance and/or colours of the physical goods themselves and as such you must allow for reasonable variations in grain, colour and tone and in the size and frequency of knots. You will not be entitled to reject the goods on the grounds of these variations. We encourage all customers to inspect our goods in person before placing an order. Please do not place an order if you are unsure whether the goods (and the variations in the goods) are suitable for your purposes. If you place an order before inspecting the goods in person you accept the natural variations in our goods and will not be have a right to reject the goods unless a return is otherwise permitted under these terms and conditions.

For further information please refer to our grade guide or contact us using our details above.

Measures and estimates of quantities

All sizes quoted are approximate and goods may be charged in metric measurements allowing for conversion. Please refer to our dimensioning guide which explains the dimensioning tolerances in our goods. In particular, please note the tolerances that apply if an order is placed using imperial measurements.

Where fine or special tolerances are required in the goods beyond those generally accepted in the building trade, we will have no liability unless you notify us of such fine or special tolerances in writing at the time of order and we confirm in writing that we accept your order and such fine tolerances.

Maintenance, storage and use

We shall not be responsible for the goods where:
1. the goods have been improperly stored or subjected to misuse or unauthorised repair;
2. the goods have been improperly installed or fixed; or
3. you have failed to observe any maintenance requirements relating to the goods.

Please note that storing the goods appropriately, particularly in relation to temperature and humidity, are critical to maintain the quality of the goods. We are not responsible for defects attributable to swelling.

 

Purchasing from us

To purchase from us you must be over 18 and resident in the United Kingdom. Unless otherwise agreed we cannot ship to countries outside the United Kingdom

If you are buying goods from us, we will ask you to confirm that your order is correct before you proceed to the checkout. If it is not correct, you can revisit your order and correct the mistakes before confirming and submitting your order to us. It is your responsibility to ensure that your order is correct before submitting it to us. If you have any problems with your order, please contact us.

When you submit your order, you are offering to buy the goods at the price set out in the order. We will acknowledge receipt of your order by email. This is not an acceptance of your order. Our contract is not made until we confirm that we have accepted your order.

If when we acknowledge receipt of your order you discover you have made a mistake with your order please contact us immediately. Please do this before we confirm that we have accepted your order. We are unable to rectify mistakes after this time.

We check the prices on our website regularly. However, if we find the price has changed when we receive your order we will contact you and ask if you wish to proceed.

If the goods that you have ordered are no longer available, we may offer you substituted goods of a similar nature and quality. Again, in this case, we will contact you before supplying the substituted goods to ask if you wish to proceed. If you indicate that you wish to purchase the substituted goods, you cannot cancel your order unless cancellation is otherwise permitted as provided in our 'Returns' section below.

In both cases, if you confirm that you do wish to proceed, please remember that we will still not be under an obligation to supply the goods until we have confirmed that we have accepted your order.

 

Paying for the goods

The prices on our website include VAT when items are placed in the checkout basket (unless otherwise stated) but do not include delivery (unless otherwise stated).

Unless otherwise agreed, you must pay for the goods when you place the order by debit or credit card (Mastercard, Maestro or Visa), Paypal, bank transfer or cheque. If we are unable to accept your order for any reason then we will either not debit your debit/credit card or refund any money we have already debited in respect of that order. Unless otherwise agreed, we will not dispatch the goods until we receive payment in full.

If you are a business customer you do not have any right to set off any money you may claim from us against anything you may owe us. In addition, until you pay all debts you may owe us all goods supplied by us remain our property and as such you must store them so that they are clearly identifiable as our property, insure them (against the risks for which a prudent owner would insure them) under a policy of insurance which is held trust for us. You may use those goods and sell them in the ordinary course of your business, but your right to use or sell the goods will immediately come to an end if we revoke that right or you become insolvent and you agree that we have the right to require you to return the goods to us. Until you pay for the goods in full we have your permission to enter any premises where the goods may be stored to inspect the goods or to remove them.

Delivery

We aim to deliver goods to you or make them available for collection (as applicable) within the time indicated by us on our website or in our notice of order acceptance (if applicable) but such dates are estimates only because we cannot give an exact delivery or collection date. We also may deliver the goods in several instalments. Each instalment shall be treated as a separate contract. We may deliver in quantities of 10% more or less (in count or volume) than the quantity ordered and charge you for the quantity actually delivered.

Domestic contracts

If you are collecting goods from us you are responsible for the size, weight and positioning of any load on your vehicle and must ensure that your vehicle is sufficiently equipped to enable safe loading.

The goods are at your risk from the time of delivery. Delivery takes place either when the goods are loaded at our premises if you are collecting them or arranging carriage or when the goods are unloaded at your premises or the address specified by you if we are arranging delivery.

If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay.

We may decline to deliver if we believe that it would be unsafe, unlawful or unreasonably difficult to do so or the premises (or the access to them) are unsuitable for our vehicle.

If you are a business customer and we agree to deliver the goods but have not delivered the goods within 30 days of the expected delivery date or any other reasonable date that we have agreed with you, then you may cancel the contract and we will refund any money that you have already paid.

If you are a business customer and you fail to accept delivery of any goods when they are ready for delivery, or we are unable to deliver the goods because you have not provided adequate instructions, or if you do not collect the goods by the date we give for collection, we may treat the goods as having been delivered on that day (for the purposes of risk, inspection and payment) and charge you for the storage or redelivery of those goods.

If you are a business customer you must provide appropriate equipment and manual labour for unloading the goods at the delivery point. If our delivery vehicle is kept waiting for an unreasonable amount of time, we may leave without completing delivery or if we provide additional staff to unload goods an additional charge will be made.

 

Returns

Consumer's right to cancel

If you are a consumer you may have the right, in addition to your other rights, to cancel the contract and receive a refund from us.

You will not have the right to cancel the contract if we cut, make to measure or mix the goods to your specific requirements. Please note that due to the nature of the goods we supply (see the section entitled 'Our Goods' above), with the exception of certain stock items e.g. planking and particular oak beams, all of the goods we supply are made to measure. Accordingly, you will not have a right to cancel the contract if you order such goods. Please do not place an order if you are unsure whether you have the right to cancel the contract. For further information please contact us using our details above.

If you qualify for the right to cancel the contract and you want to cancel the contract, you must inform us in writing that you wish to cancel within seven working days, starting on the day after the goods are delivered to you. If you choose to cancel then you must return the goods to us at your cost and risk and we advise you to ensure the goods are adequately insured during the return journey. You must ensure that you take reasonable care of the goods. If you have not returned the goods within 14 days of cancellation or when reasonably requested by us to do so, whichever occurs first, we can collect the goods from you at your cost.

Faulty goods

Please inspect the goods when you receive them for material defects or damage. If you find any material defects or damage you must tell us as soon as possible (but no later than 14 days from the date the material defect or damage becomes apparent) and do not cut, process or otherwise use the goods so that we have a chance to investigate the material defect or damage. If you do not comply with these requirements you will be deemed to have accepted the goods and will not be entitled to reject the goods.

If, following our investigation, we determine that the goods were materially defective or damaged prior to delivery to you, we will at our option replace the goods or refund the proportionate part of the price paid by you.

We cannot accept liability in respect of any defect arising from fair wear and tear, willful damage, improper storage, any failure to follow our instructions or any of your acts or omissions.

 

Our right to cancel

We may suspend or cancel an order at any time by written notice if you fail to pay us any money when due, you become insolvent or you fail to perform any of your obligations under these terms and conditions.

We may treat you as insolvent if you are unable to pay your debts as they fall due or you become (or any item of your property becomes) the subject of any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy). We may treat you as insolvent if you are subject to any application or proposal for any formal insolvency procedure in this country or overseas.

If you become insolvent you must notify us immediately.

 

Using our website

The information on this website is given for general information and interest purposes only, and you should not rely on it. We recommend that you take further advice or seek further guidance before taking any action based on the information contained on this website.

This website and its contents are protected by intellectual property rights, and either belong to us or are licensed to us to use. You may not copy or use them without our consent in writing.

We can't guarantee that the website will stay the same. We might change or remove it or make access to some or all of it subject to registration. Neither can we guarantee that this website will be:

• compatible with all or any hardware and software which you may use;
• available all the time or at any specific time; or
• accurate and up to date.

But we try.

Acceptable use

You may print or download content from this website for information purposes only provided that:

• no content is modified in any way;
• no graphics are used separately from accompanying text;
• our copyright and trade mark notices appear in all copies and you acknowledge this website as the source of the material; and
• the person to whom you providing these materials are made aware of these restrictions.

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

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Linking

We may link to other websites. When we do this, we will try and make it as clear as possible that you are leaving our website. We are not responsible for these websites in any way, and do not endorse them. You should check their terms and conditions and privacy policy when you visit them.

You may not link to this website from another website without our consent in writing.

 

General Provisions

Force Majeure

If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability. Examples of those circumstances include acts of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.

Third Party Rights

No person other than you, the purchaser (if you are not the purchaser), and us may enforce any contract between you and us.

Waiver, variation and representations

A waiver or variation of these terms is only binding if it is made in writing, signed on behalf of each party and expressly states an intention to vary these terms.

All orders that you place with us will be on these terms (or any that we may issue to replace them). By placing an order with us, you expressly exclude and place no reliance on any other terms you may have.

Please note that no statement will form part of a contract with us unless it is made in writing (in our estimate, our covering letter or some analogous document only) by one of our authorised representatives, it is not withdrawn before the contract is made and it expressly states that you may rely on the statement when entering into the contract.

This means that all brochures, catalogues and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us and you should not rely on them in entering into any contract with us. It also means 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, agents or representatives will be treated as without obligation or responsibility on our part and you will be entirely responsible for ascertaining the quantities required and the suitability and fitness of the goods for the intended purpose.

Customer Services

If you have any questions or need assistance, please email us at the address above.

Disputes

If you have any complaint about any of the goods we provide, you should contact us at Ingestre Woodworks, Unit 1, Abbotswood farm, Kingstone, Staffs. ST148QW and we will try to resolve it as soon as possible. However, if we have a dispute regarding these terms and conditions, the courts will use English law to determine that dispute. If you wish to take legal action against us, as we are a UK company you should do so in the English courts only.