Terms & Conditions
1. These Terms
1.1. These Terms and Conditions of Trading ('Terms') apply to all contracts between Tom's Wooddities and/or our subcontractors ('us/we/our') and the customer ('you/your') in relation to all sales of our products and services.
1.2. Any order you place with us is not accepted until we have provided you with a written receipt of the securing fee (2.6) (by email, post or in person).
1.3. Any typographical, clerical or other error or omission in any sales literature, quotation, acceptance of offer, invoice or other document issued by us is subject to correction without any liability on our part.
1.4. We reserve the right to update these Terms from time to time by posting the updated version on our Website, at which point they will apply to any future orders made (but will not affect any existing orders). Examples of reasons for change include changes to our Products, prices, delivery terms, changes to our business needs or supply structure, or for technical or legal reasons.
The following definitions and rules of interpretation apply to these Terms.
2.1. 'Product(s)': any Product that we make to your specifications or that we personalise to you. This includes (without limitation) where you request that we make changes to a Product, including to the finish, materials, colours or fixtures. This also includes (2.2) Customer Own Material Products, but excludes (2.2) 'Customer Own Material(s)'
2.2. 'Customer Own Material(s)' and ‘Customer Own Material Product(s)': have the meanings given to them in clause 10.
2.3. 'UK Mainland': this is the main island of Britain; it excludes Northern Ireland and any islands that are geographically separate from the main island of Britain.
2.4. 'Website': www.toms-wooddities.co.uk and our associated web pages.
2.5. 'Build Start Date': The date at which it is anticipated that all design decisions have been confirmed and signed, deposit paid (6.2), and the manufacture of the Product shall commence.
2.6. 'Securing Fee': A payment made by the customer to secure their booking with Tom's Wooddities, set out in clause 5.1. This is not the same as a 'Deposit', as set out in clause 6.2.
2.7. 'Days': Unless stated otherwise, all references to duration in days are calendar days.
3. Customer location
3.1. Our Website is intended primarily for use by individuals who are resident in the UK.
3.2. Please note that our delivery and returns policies apply only to residents in the UK Mainland. Please see clauses 7 (Delivery) and 9 (Cancellations and Returns) for further details.
4. Products specifications
4.1. For all Products that you order through Tom's Wooddities, it is your sole responsibility to choose the materials, colours and fixtures that are suitable for your intended use of those Products, and to take all appropriate measurements in your property to ensure that the dimensions of those Products are suitable for your intended use of them.
4.2. Due to manufacturing processes, the dimensions of Products we supply may vary from those stated in their design specification. We will endeavour to ensure that they are within a 1.5% tolerance of those stated.
4.3. Whilst we try to ensure that the materials and colours of our Products are as accurately displayed as possible on any electronic media, the actual colours that you see on your computing device may vary depending on the monitor/display that you use.
4.4. We will endeavour to match as accurately as possible the colour and materials of your Products to the samples chosen, but due to the natural variations of wood and epoxy resin as a medium, some variation in both the colour, patterns and material may occur.
4.5. We have a policy of continuous product development and reserve the right to amend the specification of Products without prior notice in relation to future sales.
4.6. If we experience difficulties in supplying certain Products, we may need to substitute them with alternative Products of equal or better standard and value. We will email you to let you know if we intend to do this and your order will be put on hold pending your acceptance of the change and the terms set therein. In the case that an appropriate substitute Product is not possible, and you do not accept a substitute Product which is materially different from the Product which you originally ordered, we will cancel your order for the relevant Product and provide you with a full refund.
5.1. A Securing Fee of £99 is required to secure your Build Start Date of the Product. This fee is payable at least 14 Days prior to the Build Start Date which shall be confirmed in writing. Your cancellation rights in respect of this payment are set out in clause 9.1.
5.2. All prices which we have quoted to you are valid for 7 Days from the date on which the quote was given, unless otherwise indicated by us.
6.1. Payment of the Securing Fee is required before any commitment is made on behalf of Tom's Wooddities to provide any services relating to the manufacture and delivery of any Product.
6.2. All orders require a minimum 50% deposit (less the £99 securing fee) to be paid 7 Days prior to the Build Start Date. The outstanding balance on any order is due no later than 7 Days prior to delivery/collection. Customers paying by cheque, cash or credit card will be reminded to pay their outstanding balance when the delivery/collection date is booked. When a balance remains outstanding 3 Days prior to delivery/collection Tom's Wooddities reserve the right to:
(a) Seek to recover any outstanding balance less any refundable balance owed to the customer; and/or
(b) Charge interest at the prevailing market rate until payment is made, together with any additional costs or expenses incurred (details of which will be provided on request); and/or
(c) Cancel the contract or suspend the delivery of the Product(s).
6.3. Tom's Wooddities will not undertake the delivery of any order where any balance remains outstanding. Tom's Wooddities reserves the right to cancel a prearranged delivery without any prior notice where the balance remains outstanding. Any delay in payment will affect the delivery of your Products.
6.4. We accept the forms of payments that are stated on our written quotation prior to the Build Start Date.
6.5. Written receipts are provided for all forms of payment.
7.1. Delivery forecasts are approximate and we cannot be held liable for any consequential loss or compensation claims associated with late deliveries.
7.2. The delivery fee for all products is included within the initial quotation, and is only valid for UK Mainland addresses.
7.3. It is the customer's responsibility to ensure that it is practical to complete the delivery i.e. covering carpets and if necessary bear any costs for the removal of doors, banisters, windows etc to accommodate the furniture.
7.4. Tom's Wooddities reserve the right to abort a delivery attempt if the circumstances are deemed dangerous to our staff/the customer or if damage to the property seems possible. We will contact customers 10-14 Days prior to the proposed date of the delivery in order to finalise delivery details. We will always try to accommodate customer's delivery requirements - however, a timed appointment is normally not possible. An approximate guide of am or pm can usually be given but it is difficult to be more specific. Delivery of a special nature, or outside of the Tom's Wooddities delivery area will be handled by a reputable carrier (details will be provided to the customer prior to placing the order). All carriers are fully covered by their own insurance and take full responsibility for making necessary arrangements to deliver to the customer's address.
7.5. Recovers are subject to a different collection and delivery charge, details of which are available on request.
7.6. If a customer is unable to accept delivery within the specified lead time, Tom's Wooddities will store the customer's order for a period of 14 Days. Should delivery be delayed beyond 14 Days then Tom's Wooddities will continue to store the furniture providing all outstanding balance payments are made in full, up to a maximum of 28 Days from the originally agreed delivery date. Beyond 28 days, storage fees may apply (details provided on request).
7.7. We ask that you make us aware of any claim regarding shortage or damaged merchandise as soon as possible after delivery taking place.
7.8. Any damage to the Products, your property or its contents as a direct result of our delivery service must be reported to us by email (including photographs where appropriate) within 48 hours of the delivery taking place. If you do not report such damage to us within this time frame then we shall not be liable to you for any such damage.
7.9. Items for collection from Tom's Wooddities must be collected within 7 Days of the confirmed collection date. Payment for the Products is required 7 Days prior to the collection taking place.
7.10. In all cases we will provide you with an approximate delivery estimate at the time you place your order and we shall provide you with a precise delivery date and time ('Confirmed Delivery Date') closer to the date of delivery.
7.11. If you are unable, for whatever reason, to take delivery of your Products on the Confirmed Delivery Date, please contact us at least 72 hours before the Confirmed Delivery Date. If you do not contact us at least 72 hours before the Confirmed Delivery Date, we will charge you an administration fee of £25 for arranging a new delivery date.
7.12. We will endeavour to deliver your Products on the Confirmed Delivery Date; if we are unable to do so we will endeavour to contact you at least 72 hours beforehand to arrange a new delivery date.
7.13. In the event we are unable to complete a delivery because of access constraints to and/or in the building, a £80 re-stocking fee will be charged and clause 7.6 will be exercised. Additional delivery charges will be due from the customer prior to any subsequent delivery attempts being made (details provided on request) and we shall exercise clause 6 in respect of any outstanding balances. It is your responsibility to advise us at the time of ordering of any non-standard delivery circumstances that may apply.
7.14. In the event that the customer does not collect the Product(s), nor allows their delivery within a 3 month period from the originally agreed delivery date, Tom's Wooddities will sell the Product(s) and reimburse the customer any refund (9.5) owed less any costs incurred (including, but not limited to those detailed in 7.6, 7.11, 7.13).
7.15. We shall not have any liability to you for any delivery failures or delays that are caused by anything beyond our reasonable control.
7.16. We will deliver your Products to the UK Mainland only.
7.17. To avoid any damage to your property or any items therein during the course of delivery, it is your responsibility to ensure clear access to the relevant room(s) in advance of delivery, including keeping children and pets out of the way, removing any precious items and protecting floors as necessary.
7.18. We are not responsible for the removal or movement of any furniture or other items upon delivery unless we have agreed this with you in writing in advance.
7.19. Deliveries are available without the use of a suitably large lift up to the third floor of a building. If delivery to a higher floor without the use of a suitably large lift is requested then we will inform you whether we can deliver to that floor and, if we can, additional delivery charges may apply.
7.20. It is your responsibility to ensure that two of our delivery team members are able to access the room(s) for delivery of the Products. Our delivery team reserves the right not to deliver the Products if they believe it is unsafe to do so for any reason.
7.21. If we accidentally damage Products in the course of delivery, then our liability for that damage is limited to the repair, refund or replacement of the Products or the value thereof. Where possible, refunds will be made using the same means of payment as you used to purchase the Products. In the case of card payments, refunds will be made to the original card of purchase.
7.22. Our delivery team may inform you that they are willing to deliver the Products but that, in their opinion, access to the delivery address is inadequate for them to make delivery without risking causing damage to the Products or your property or its contents. In this event, if you request that our delivery team proceeds with delivery then such delivery will be at your own risk and we accept no responsibility for any damage that may occur.
7.23. Our delivery team will unwrap and assemble all Products upon delivery, providing there are no concerns relating to clauses 7.17, 7.18 and 7.22.
8. Risk and title
8.1. The Products will be at your risk from the time of delivery to the UK Mainland address which we specify in our order confirmation to you.
8.2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges (if any).
9. Cancellations and Returns
9.1. Provided at least 14 Days' notice of cancellation is received prior to the Build Start Date, the customer shall be entitled to a full refund of the £99 securing fee. Within 14 Days of the build start date, we may, at our discretion move the Build Start Date to a future date with written agreement from the customer to avoid the forefeit of the securing fee.
9.2. It is the customer's responsibility to ensure that all details on the order form are correct prior to the Build Start Date - this includes any requested modifications. Should the order be altered without valid reason whilst at a stage of production, the customer shall pay a reasonable pre-estimate of the consequential monetary loss to Tom's Wooddities.
9.3. Customers will lose 80% of the total order value if furniture is manufactured and is no longer required/returned to Tom's Wooddities.
9.4. In the event of a customer wishing to cancel the contract following the Build Start Date but prior to the delivery/collection of the items, the customer will lose 50% of the total order value.
9.5. The refund amount in respect of any cancellation is outlined below:
(i) Greater than 14 Days prior to Build Start Date - 100% of Securing Fee
(ii) 14 Days or less prior to Build Start Date - 0% of Securing Fee
(iii) Greater than 3 Days prior to Build Start Date - 100% of the 50% deposit
(iv) 3 Days or less prior to Build Start Date - 0% of the 50% deposit
(v) 7 Days or less prior to delivery/collection date - 20% of order total
9.7. This clause 9 does not affect your statutory rights.
10. Customer Own Materials
10.1. Details must initially be forwarded to us (the nature of which will be provided to the customer on request) of the material specification and dimensions (in the case of custom fixtures/fittings) for confirmation that the materials are suitable for our manufacturing processes. Tom's Wooddities cannot be held responsible for any problems associated with Customer Own Materials in relation to aftercare.
10.2. This clause 10 applies to any material (or other item) that you supply to us or which you specify and is not supplied by Tom's Wooddities ('Customer Own Material'). We refer to any Product that, at your request, we make with a Customer Own Material as a 'Customer Own Material Product'.
10.3. We may refuse to use any Customer Own Material which we consider to be unsuitable for the purposes of manufacturing our Products.
10.4. You agree to ensure that your Customer Own Material is in all respects safe and suitable for application in the Product.
10.5. Customer Own Materials will become owned by us when we receive them; ownership in any of them which we return to you (whether unused or incorporated in the Product) will revert to you upon delivery to you.
10.6. We may cut, work on and otherwise treat and deal with your Customer Own Materials as we consider appropriate in the course of making the Product and (unless you state in writing with your order that surplus should be returned to you) we may use or dispose of excess material or items as we deem fit.
11. Our liability
11.1. Nothing in these Terms shall limit or exclude our liability for (i) death or personal injury caused by negligence, (ii) fraud, (iii) fraudulent misrepresentation, or (iv) anything which may not be limited or excluded by law.
11.2. We shall have no liability to you in connection with these Terms for any (i) loss of profits, sales, business or revenue, (ii) business interruption, (iii) loss of opportunity or (iv) other commercial losses that you suffer in relation to your commercial use of the Products.
11.3. We will not be responsible to you for any loss or damage unless it is a reasonably foreseeable consequence of our breach of (or other failure in connection with) these Terms. Losses are foreseeable where they could be contemplated by you and us at the time that we accept your order. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us.
11.4. We shall not have any liability to you for any non-performance or losses that are wholly or mainly caused by anything beyond our reasonable control.
12.1. We process information about you in accordance with GDPR legislation. By submitting your personal information to us, you consent to such processing and you warrant that all data provided by you is accurate and that, if it changes, you will tell us promptly.
13. Rights of third parties
13.1. A person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of these Terms.
14. Applicable law and jurisdiction
14.1. All Tom's Wooddities furniture is sold subject to these terms and conditions, copies of which are available on request. These terms and conditions are governed by English law and both parties agree to submit to the non-exclusive jurisdiction of the English courts.
1. Care instructions for your item will be provided as part of the delivery and handover process. Where appropriate, direct recommendations for specific products will be made in relation to the materials used during manufacture for their appropriate care.
2. When Products are ordered at separate times, Tom's Wooddities cannot guarantee to colour match materials used for the purposes of assembling the Product.
3. Normal settling of wood should be expected and is a characteristic of all wood products. Wood is a natural product and is subject to colour change as it ages. All finishes that are applied are intended to provide protection and nourishment, but do not alter the aging process. See item 1 for further details.
4. Any prices quoted by Tom's Wooddities are provisional only and bound by written quotations Tom's Wooddities reserve the right to increase the price at any time. Orders placed on hold for more than a period of 1 month may be subject to a price increase.
5. If the furniture is not of a satisfactory quality, Tom's Wooddities initially require the opportunity to establish & rectify any problems. This does not affect the customer's statutory rights if the furniture is not of merchantable quality.