Terms & Conditions
1 THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you to the exclusion of all other terms and conditions.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms (or require any changes), please contact us to discuss.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Premier Forest Products Limited, a company registered in England and Wales with company number 02797766. Our registered VAT number is 918 5101 36. Mon Timber is a division and trading name of Premier Forest Products Limited.
2.2 You can contact us by telephoning our customer service team at 01633 414 414 or 01633 254422 or by writing to us at:
c/o Premier Forest Products Ltd.
West Way Road
2.3 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3 OUR CONTRACT WITH YOU
3.1 Each order by you shall be deemed to be an offer by you to buy the products detailed in your order on these terms and conditions. No contract between us will come into existence until we have accepted your order. Our acceptance of your order will take place when we email you to accept it.
3.2 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Our website is solely for the promotion of our products in the UK. We do not accept orders from or deliver to addresses outside the UK.
4 OUR PRODUCTS
4.1 All descriptions and images of our products are approximate only and are intended to serve as a guide.
4.2 The packaging of the products may vary from that shown in images on our website.
4.3 You are responsible for ensuring that the measurements and any estimates of quantities are correct. You must not rely on any statement or representation given by us or on our behalf as to the suitability of any goods for a particular purpose. You must satisfy yourself that all goods ordered are correct at the time of placing that order.
5.1 The price of our products (which excludes VAT, unless otherwise stated) will be the price indicated on the order pages when you place your order. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
5.2 The price of the goods does not include the price for delivery. If relevant the cost of delivery will be as displayed to you on our website.
5.3 We take all reasonable care that the price of the product advised to you is correct. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. However, we shall not be obliged to supply goods at an unintentional discounted price. In these circumstances, we will contact you for your instructions before we accept your order.
5.4 You must pay for the goods and any applicable charges for delivery, in full at the time of placing the order.
6.1 Delivery shall take place at our premises or at the delivery address supplied by you as set out in your order.
6.2 Delivery shall occur when you take possession of the products at our premises or, where we agree to deliver to you, when the products are ready for unloading at the delivery address you have supplied to us.
6.3 If we agree to deliver to you, we will only a delivery to the kerb-side and you are responsible for moving the goods from the kerb-side. We, or our agents, will do their best to deliver closer to the property if access allows. Delivery does not include carrying goods up paths, to rear gardens or into dwellings. You are responsible for ensuring that you or someone appointed by you is at the property to accept delivery.
6.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.5 If you collect the products from our premises, you can collect them from us once you have received your ‘Ready to Collect’ email, during our working hours of 7.30am-4.30pm on weekdays (excluding public holidays), and 7.30am-12pm on Saturdays.
6.6 If you do not collect the products from us as arranged or if we try to deliver to you and are unsuccessful, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and refund the price of the products to you less our direct costs of attempted delivery and/or storage.
6.7 The products will be your responsibility from the time you collect them from us or we deliver the product to the address you gave us.
6.8 Title to the products will pass to you on delivery of them.
7 YOUR RIGHT TO CANCEL THE CONTRACT
7.1 If you are a ‘consumer’ under a ‘distance contract’ (both as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) you may cancel this contract by giving us notice in writing within 14 days of delivery of the products. This clause 7 only applies if you are a consumer.
7.2 Any notice under clause 7.1 may be given:
7.2.1 by email or post using the contact details set out in clause 2.2; or
7.2.2 by requesting a cancellation form from email@example.com.
7.3 It is your statutory duty to take reasonable care of the products from the time you receive them until the time you return them to us. Reasonable care requires that if the products are packaged, the packaging remain intact subject to it being opened for the sole purpose of inspecting the products.
7.4 You must return the products, within 14 days of cancellation, to the branch from which they were delivered or you can request us to collect the goods which will be at your cost.
7.5 If you cancel the contract but do not return the products as required, we reserve the right to charge you our direct costs of recovering the products from you.
7.6 We will refund you the price you paid for the products by the method you used for payment. However, we may make deductions from the price to reflect any reduction in the value of the products, if this has been caused by your handling of them.
7.7 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
7.7.1 your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us; and
7.7.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
8 IF THERE IS A PROBLEM WITH THE PRODUCT
8.1 If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 01633 414414 or 01633 254422 or by writing to us at:
c/o Premier Forest Products Ltd.
West Way Road
Alternatively, please speak to one of our staff in-store.
8.2 We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
8.3 If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01633 414 414 or email us at firstname.lastname@example.org for a return label or to arrange collection.
8.4 We may either make good any shortage of non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question.
9 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
9.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
9.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and, where you are a consumer, for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987.
9.3 If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.4 We will not be liable to you for any indirect or consequential losses.
9.5 Our total liability to pay you compensation shall be limited to refunding the value of the products.
10 HOW WE MAY USE YOUR PERSONAL INFORMATION
11 OTHER IMPORTANT TERMS
11.1 We may transfer our rights and obligations under these terms to another organisation but we will only do so in circumstances that ensure that your rights under the contract are not prejudiced.
11.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
11.5 These terms are governed by the laws of England and Wales and you can bring legal proceedings in respect of the products in the English and Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the products in any of the Scottish, Welsh or English courts.