O’Brien Carpentry & Kitchens - Terms and Conditions
O’Brien Carpentry & Kitchens is owned and operated by Barry O’Brien. In these conditions Barry O’Brien is referred to as the Seller. Any customer purchasing goods or services from the Seller is referred to as the Purchaser.
1. BASIS OF THE CONTRACT
1.1 Any order received by the Seller from the Purchaser shall be accepted entirely at the discretion of the Seller, and if so accepted, will only be accepted upon these conditions (hereinafter referred to as “the Conditions”).
1.2 Each order that is so accepted shall constitute an individual legally binding contract between the Seller and the Purchaser and such contract is hereinafter referred to in these Conditions as “an Order”.
2. PRICE OF GOODS / SERVICES
2.1 The price of the goods / services shall be the price contained within the estimation at the date of acceptance of the Order.
2.2 All prices contained within the Seller’s estimation are valid for 28 days only from the date shown on the estimation or until earlier acceptance by the Purchaser.
2.3 All published prices are inclusive of VAT and delivery charges.
3.1 A deposit Payment of the purchase price is required before goods are released or service commences.
3.2 The balance Payment of the purchase price in full is required within three days from the date indicated on the invoice (unless otherwise stated on the invoice). All goods remain the property of the Seller until such time as payment has been received and cleared in full, unless agreed in writing otherwise.
3.3 All payments made with a debit or credit card will be subject to a surcharge of 3% of the order total.
3.4 We accept the following types of payment: Bank transfer or Cash.
4. ACCEPTANCE OF ORDER
4.1 When placing an order with O’Brien Carpentry, the Purchaser agrees that any and all the information given is accurate and complete. By placing an order, either by phone, mail or in person, the Purchaser is accepting these Terms and Conditions.
4.2 All orders are subject to acceptance and product availability. If the goods the Purchaser orders are unavailable, the Seller will contact the Purchaser by email or telephone and the Purchaser will have the option either to wait until the goods are available, replace them with alternative goods or cancel the Purchaser’s order.
4.3 Formal acceptance of the Purchaser’s order only occurs when the Seller have received payment and sent the Purchaser’s order for production at workshop.
4.5 The Seller reserves the right not to accept the Purchaser’s order in the event, for example, that the Seller is unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy the Seller’s quality control standards and is withdrawn, or that the Purchaser do not meet the eligibility criteria set out within the Conditions.
4.6 The Seller may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at the Seller’s sole discretion. The Seller will not be liable to the Purchaser or any third party by reason of the Seller’s withdrawing any merchandise whether or not that merchandise has been sold, removing, screening or editing any materials or content, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
4.7 If the Order has been processed, the Seller may not be unable to stop the delivery of the goods, however, the Purchaser will not have to pay for any goods and any amounts the Purchaser have been charged will be repaid to the Purchaser. If the Purchaser has not notified the Seller, before delivery takes place, that the Purchaser wish to cancel the Order, then return postage will be at the Purchaser’s cost.
5.1 The goods will be delivered to the delivery address provided by the Purchaser. If delivery is unsuccessful due to either:-
(i) An inaccurate or incomplete delivery address;
(ii) No-one being present to accept delivery; or
then, once another delivery date is arranged, the Purchaser will be charged additional delivery charges for each attempted re-delivery.
5.2 Delivery of the goods is deemed to have taken place when the goods have been offloaded at the nearest accessible point to the delivery address, which in many cases will be the property kerbside. Delivery any closer to the property will be at the driver’s discretions.
5.3 Risk of damage to or loss of the goods shall pass to the Purchaser upon delivery.
6. QUALITY & DESCRIPTION OF GOODS
6.1 Whilst the Seller tries to ensure that its website contains accurate information, the Seller cannot guarantee nor (to the extent permitted by law) does the Seller warrant in any way that the information on the website, including but not limited to descriptions and depictions of materials, colours and styles, is up-to-date, complete, accurate, reliable or error-free.
6.2 All designs, samples, drawings, descriptive matter, specifications and advertising issued by the Seller, including (without limitation) all images, designs, descriptions or illustrations on this website, are issued or published by the Seller for the sole purpose of giving an approximate idea of the product described.
6.3 The colour of images on this website may be limited by the availability of images, colours or shades or by the technology which is used by the Purchaser to access this website. Different PC monitors and browsers also provide different shades and colours. Therefore, although the Seller strive to achieve the best image quality and clarity on this website, the Seller cannot guarantee that any images, colours or shades will look the same on every PC monitor or browser that the Purchaser use.
7. HANDLING & STORAGE AFTER DELIVERY
Immediately after delivery and examination by the Purchaser of the goods, the Purchasers shall be responsible for goods and should be stored on a flat and level surface and evenly supported off the ground in a dry and well-ventilated building. The Seller accepts no liability for goods improperly stored or handled.
The Seller recommends that the Purchaser employ only the services of qualified and experienced tradesmen for installation.
9. DEFECTIVE GOODS, RETURNS & REFUNDS
9.1 Upon receipt, the Seller requires the Purchaser to examine the goods and the Purchaser will in any case be deemed to have done so.
9.2 All defects must be advised within 24 hours of delivery. This does not cover accidental damage, damage in transit or general wear and tear. Problems associated with natural wood products are not covered in anyway including movement, cracks, shakes, moisture etc. Natural variations in the colour or texture of wood are not to be considered as defects. Hairline Cracks in Painted goods occur due to movement in the timber, which is a natural occurrence due to the nature of the wood. This movement will be increased depending on moisture and humidity levels and temperature levels, therefore any hairline cracks that may develop are not considered a defect.
9.3 Where the Purchaser wishes to return the goods to the Seller, the Seller shall accept return of the goods subject to the following:
9.3.1 Notification being given by the Purchaser to the Seller within 7 working days of delivery of the goods;
9.3.2 The goods being returned by the Purchaser to the Seller in the same condition that they were received by the Purchaser. If the Purchaser fails to take reasonable care of the products while they are in the Purchaser’s possession and return them to in a damaged state, action may be taken against the Purchaser to recover any loss in value of the products arising from the breach of this statutory duty;
9.3.3 Should the Seller accept the wish of the Purchaser to return the goods after the initial 7 working day period, payment by the Purchaser to the Seller of a Handling Charge of 25% of the price of the goods applies;
9.3.4 Payment by the Purchaser of the costs of carriage of the goods from the Purchaser to the Seller, however, on inspection the Seller will refund the reasonable postage cost, providing the goods are found to be faulty. If the goods are not faulty, the Seller will return them to the Purchaser, however, the Purchaser will be required to cover the Seller’s reasonable postage costs.
9.3.5 Refunds will be made within 30 days of receiving notification that the Purchaser wishes to return the goods to the Seller.
9.4 The Seller is under no obligation to exchange goods ordered by mistake or incorrectly.
9.5 If an exchange is necessary, this will be arranged without unreasonable delay and without charge. Replacement goods will not be despatched until the original goods have been received and checked by the Seller.
9.6 The Seller’s liability will be to replace the faulty goods only and the Seller is unable to guarantee an exact match.
9.7 The Purchaser cannot cancel if the Goods are made specifically for the Purchaser, or the Purchaser have installed or laid them or used them.
9.8 The Seller shall accept no liability in respect of any defect or damage arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or poor installation, miss-use or alteration or repairs of the goods (unless undertaken by the Seller).
O’Brien Carpentry & Kitchens
5 King Richard Road, Hinckley, Leicestershire, LE10 0HJ
www.obriencarpentry.co.uk | tel. 01455 446063 / 07776 294901 | firstname.lastname@example.org
Registered Office; 5 King Richard Road, Hinckley, Leicestershire, LE10 0HJ