Terms and Conditions
1.1. “Buyer” means the person or company from whom an order is accepted by the Seller.
1.2. “Seller” means Broadsword Timber Ltd trading as British Hardwoods.
1.3. “Goods” means the articles or products supplied by the seller to the buyer.
1.4. “Order” means the order placed by the buyer for the supply of the goods.
2. Conditions Applicable
2.1. By placing an order with the seller, the buyer agrees to be bound by these terms. If you do not accept these terms, you may not use this site or access or display any of the information made available to you at this site.
2.2. British Hardwoods shall sell and the buyer shall purchase the goods in accordance with any written, electronic or verbal order of the buyer which is accepted by the seller, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the buyer.
2.3. Any variation of these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the seller, acting by its Managing Director or some other person authorised in writing by him.
2.4. Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the seller shall be subject to correction without any liability on the part of the seller.
2.5. If any provision of these conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected. Your statutory rights are not affected.
3. Order Quantities
3.1. The seller always supplies timber to the nearest available stock length, as such the stock lengths do vary.
3.2. The seller will always endeavour to choose stock lengths which closely match the buyer’s requirements but generally there will be some extra supplied and will be charged for. This is particularly the case where short lengths are required.
3.3. Due to constant stock rotation it is not always possible for the seller, at the time of order, to confirm what the finished order quantity will be.
4.1. Although the seller makes every effort to ensure that published prices and quotes are as accurate as possible the seller reserves the right to refuse the sale of mis-priced or mis-quoted goods.
4.2. All prices are in Great British Pounds Sterling.
4.3. All goods are subject to delivery charges, where applicable, and VAT at the standard rate. These may not always be included in the quote.
5. Offer and Acceptance
5.1. A binding contract is formed between the buyer and the seller when the buyer receives confirmation from the seller by e-mail, telephone or other agreed means that the buyer’s order has been accepted.
5.2. After acceptance the buyer shall not be entitled to reject the goods which are in accordance with the contract.
5.3. Subsequent additions and/or amendments to accepted orders will incur an administrative charge of £20.00.
6. Supply of Goods
6.1. The buyer is solely responsible for ensuring that the goods are suitable and fit for the purpose.
6.2. The seller reserves the right to refuse the supply of goods at its discretion.
7. Payment Terms
- 7.1. Where the buyer is placing an order for stock items payment is due prior to order confirmation and despatch.
- 7.2. Where the buyer is placing an order for non-stock items a deposit of approximately 30% is due prior to order confirmation. The balance of the invoice value is due prior to despatch of the goods.
- 7.3. For account customers; all invoices are due for payment on the last day of the month following the invoice date. Any invoice outstanding beyond this period will be referred to a debt collection agency and will be subject to a surcharge of 15% plus VAT to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the customer and will be legally enforceable.
- 7.4. The seller accepts online payment with all major credit and debit cards, including Visa, MasterCard, Delta, Switch, Maestro. No charge is made to a consumer for credit card payments.
- 7.5. The buyer can choose to pay by personal cheque or bank or building society cheque, the cheque will need to be made payable to British Hardwoods. The buyer’s home address and telephone number must be written on the reverse of the cheque. The order will be processed after the cheque has cleared.
- 7.6. The buyer can choose to pay by bank transfer (also known as BACS transfer). The seller will supply bank details in a pro-forma invoice to the buyer. The order will be processed after the payment via bank transfer has been received.
8. Payment Methods
- 8.1. Payment is accepted in the following forms:
- 8.1.1. cash made on collection of items in our factory;
- 8.1.2. credit or debit card (not American Express);
- 8.1.3. Secure Trading online payment;
- 8.1.4. PayPal online payment;
- 8.1.5. Google Checkout/Wallet online payment;
- 8.1.6. bank transfer (BACS); and
- 8.1.7. personal cheque or bank or building society cheque.
- 8.2. Payment will only be deemed to have been made upon clearance of funds in the seller’s bank account.
- 8.3. Where the buyer has used a credit card or debit card to pay a deposit it will be deemed that authorisation has been given by the buyer to take the balance of the order on the same card unless the buyer indicates otherwise in writing.
- 9.1. All goods are offered subject to availability. Where goods are found to be unavailable or discontinued, the seller will offer a similar substitute if available, subject to your agreement..
- 9.2. Where the buyer orders goods with different lead times, or a combination of stock and non-stock items, the goods will arrive together, the longest lead time will usually apply.
- 9.3. The seller may make any changes in the specification of the goods which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the goods are supplied to the seller's specification.
- 9.4. If a suitable substitute is not available, the transaction for that item will be void and any payment will be returned.
- 9.5. In the event of any product being unavailable, the seller shall be relieved of any liability in connection with all such contracts or orders. In no case shall the seller be bound to obtain or deliver goods from any other sources than those contemplated in the order.
- 9.6. The seller will not be held responsible for any costs incurred due to items being delayed or unavailable.
- 10.1. The seller uses numerous ways of delivering the goods. These include the use of its own vehicle/s and the use of independent couriers.
- 10.2. All timber orders will be delivered to kerbside at the nearest access point to the delivery address, and the seller or its independent couriers, will not be responsible for further movement of the goods.
- 10.3. The delivery driver will not be able to unload timber orders single-handedly and it will be the responsibility of the buyer to ensure that there is adequate labour to unload the vehicle.
- 10.4. It is the buyer’s responsibility to advise the seller of any restrictions regarding access to the required delivery address point at the time of ordering or prior to the goods being despatched.
- 10.5. The buyer will bear the costs of any re-delivery charges incurred as a result of not informing the seller of access restrictions to the delivery address point.
- 10.6. Any delivery date or delivery time is for guidance only and the seller shall not be responsible for any costs incurred by the buyer in the event of late delivery.
- 10.7. Should the buyer be unavailable to accept the goods at time of delivery then the buyer shall bear the cost of any re-delivery.
- 10.8. Deliveries will be made between 8:00am and 6:30pm. The seller is unable to give an estimated delivery time as all deliveries are at the courier’s discretion. The couriers used by the seller do not offer a pre-delivery phone call service and can not, therefore, contact the buyer directly.
- 10.9. The seller offers free delivery on some of its products. Free delivery offers are only available for deliveries within mainland UK and can also exclude some areas of Scotland.
11. Goods Damaged or Faulty on Delivery
- 11.1. The buyer must examine all goods on delivery in case any damage has occurred in transit. The driver should be notified immediately of any problems and the delivery note should be signed accordingly.
- 11.2. If, in exceptional circumstances, the buyer is unable to fully check the goods at the time of delivery, the seller must be informed as soon as possible. It may be possible to grant a 24 hour extension of this time to notify the seller of any issues.
- 11.3. The seller cannot guarantee to replace or repair items which have been signed for in good condition or 'unchecked' and are later found to be damaged. This does not affect the buyer’s statutory rights.
- 11.4. The seller will not accept any liability for any goods that have been repaired before the seller has been given the opportunity to inspect them or to give authority for repair work to be carried out or in cases where non company components have been used.
- 11.5. If goods have been delivered in a damaged state and the seller feels the situation cannot be improved by authorising another delivery, we reserve the right to refund the buyer in full for the order and cancel the order.
12. Cancellation Policy
- 12.1. Under the Distance Selling Regulations the buyer has a right to cancel their order for any item purchased on the seller’s website at any time before the goods are despatched, or within 7 days of receiving the goods and for a full refund excluding cost of return shipping providing the buyer takes reasonable care of the goods whilst they are in the buyer’s possession. This does not affect the buyer’s statutory rights as a consumer.
- 12.2. If the buyer chooses to cancel their order at any time later than the 7 days following receipt of the goods there will be a restocking and administration charge of £30. The buyer is welcome to return any items using their own courier.
- 12.3. The seller will refund the buyer’s payment with 14 days of the goods being returned.
- 12.4. If the buyer wishes to cancel the order, the seller will require the request be done in writing via email to email@example.com or post at the address provided.
13. Returns Policy
- 13.1. Where the buyer has received their order and no longer require all or part of the order then this may be returned at the discretion of the seller. If a return is agreed then the buyer has to arrange transport to the seller’s premises at the buyer’s expense whereupon the goods will be inspected by the seller who will decide what, if any, credit is due.
- 13.2. Where the buyer receives sub-standard or incorrect goods they should inform the seller within 7 days. The seller will then arrange collection of the goods for return to the seller’s premises. Upon receipt the seller will inspect the goods and, if the items are sub-standard or incorrect, will either refund the buyer or replace the goods.
- 13.3. Where the buyer has used or installed the goods then such use or installation shall be taken as conclusive evidence that the buyer has accepted the goods are in perfect condition. The buyer is responsible for checking that the goods are suitable for purpose and that installation conditions are correct.
14. Timber Products
- 14.1. Storage of timber
It is the responsibility of the buyer to ensure that the goods are stored correctly as our timber is kiln dried, e.g., not in an outbuilding such as a garage or shed or where temperatures and relative humidity may be subject to fluctuations.
- 14.2. Application of timber
The seller will not be responsible for any misuse or incorrect installation methods. Any advice given by the seller is for guidance only.
- 14.3. Illustrations and samples
The seller supplies natural products. Illustrations/images and samples cannot convey the variation in grain, colour, tone and natural defects. It is the responsibility of the buyer to ensure that they are fully aware of the appearance and nature of any goods ordered.
- 14.4. The fuming process
The seller offers fuming as a finishing option to their oak products. Fumigating oak naturally darkens the timber which produces a much richer colour, this is created by a chemical reaction between ammonia and the tannic acid which is naturally occurring in all oak species. As this is a natural reaction the seller has no way of controlling how each piece of timber will fume, therefore differences in colour will always occur. The seller will endeavour to balance the timber colour in all orders produced but some discrepancies are accepted. The seller advises all customers requiring a completely even colour that staining timber is the best option.
- 14.5. Temperature and humidity
Temperature and humidity are critical factors. All timber materials which are dried to a specific moisture content in accordance with British and European Standards must be stored in conditions relative to the to the standards code, details of which are available on request.
- 14.6. Use of under-floor heating with engineered flooring
To obtain the best performance of engineered flooring in the long term, it is important to follow guidelines which are available on request. As there is no reliable way of recording or monitoring the heating-system settings and room conditions over time, it would be impossible to prove or disprove whether all the guidelines had been followed; therefore, we cannot give a guarantee.
15. Force Majeure
- 15.1. Neither party shall be liable for any default due to any act of God, war, strikes, lock outs, riots, accidents, fire, breakdown of plant, machinery or shortage or unavailability of raw materials from a natural source of supply.
- 15.2. The seller shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from or hindered in or delayed in manufacturing, obtaining or delivering the goods by normal routes or means of delivery through circumstances beyond its control.
- 16.1. Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control and the party shall be entitled to a reasonable extension of its obligations.
- 16.2. These terms and conditions are subject to change at any time without prior notice. In addition to the above the seller retains title to all goods until payment is received in full. Goods that are unpaid for can be collected/removed from any location if deemed necessary. The seller retains the right to accept orders and payments if stocks have temporarily expired, fulfilling the order upon stock replenishment. If an item is out of stock the customer will be contacted whereupon if the waiting time is viewed as too long by either party a full refund and order cancellation can be effected. The seller retains the right to cancel any order by notifying the buyer by email without detailed disclosure.
- 16.3. The seller will accept no responsibility for subsequent theft of any goods once delivered to an agreed location, the buyer must make necessary arrangements to avoid this possibility. British Hardwoods is a trading division of Broadsword Timber.
- 17.1. If you have any questions about the terms and conditions set out herein, please write to us by email to firstname.lastname@example.org or by post to British Hardwoods, Unit 9 Riparian Way, The Crossings Business Park, Cross Hills, Keighley, West Yorkshire, BD20 7BW, United Kingdom.