Terms and Conditions
These terms and conditions regulate the relationship between you and us. By buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Goods. We look forward to seeing you again when you are over 18.
We are: Woodsake
You are: Our customer
The terms and conditions
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you.
“Consumer” means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
“Goods” means any of the goods we offer for sale on our Website
“Our Website” means the entire computing hardware and software installation that is or supports our Website.
In this agreement and unless the context otherwise requires:
2.1 A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2 These terms and conditions apply to all supplies of goods by us to any customer. They prevail over any terms proposed by you.
2.3 Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.4 Except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;
2.5 In this agreement references to a party include references to a person to whom those rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that party.;
2.7 All money sums mentioned in this agreement are calculated net of VAT, which will be charged when payment is due.
2.8 A reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
2.9 These terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
2.10 this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract with you
3.1 This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.2 Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods. We advise you to print a copy for your records.
3.4 If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.
4. Acceptance of your order
4.1 Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we dispatch the goods to you.
4.2 At any time before the Goods are dispatched, we may decline to supply the Goods to you without giving any reason.
4.3 We shall accept your order by e-mail confirmation.Our message will also confirm details of your purchase and tell you when we shall despatch your order. This does not constitute an acceptance of your offer.
4.4 If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
4.4.1 accept the alternatives we offer;
4.4.2 cancel all or part of your order;
5. Price and Payment
5.1 It is possible that the price may have increased from that posted on our Website. If that happens, we will not send your order until you have confirmed that you wish to buy at the new price.
5.2 If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.
5.3 If we have mistakenly under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch it to you.
5.4 The price of the items does not include the delivery charge which will .be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay
5.5 Prices shown are inclusive of VAT which will be charged at the rates applicable at the date you place your order
5.6 Title to Goods remains with us until full and final payment has been made
6. The Product
6.1 Whilst we take every care to ensure the Goods you order are manufactured, sanded and treated to the highest level, timber is a naturally occurring product and, as such, you accept that there may be minor flaws, such as small knots, shakes or the natural development of small cracks. We cannot be held liable for these.
6.2 We cannot be held liable for any mishandling, lack of oiling, inappropriate storage, improper maintenance or incorrect fixing of the Goods by you.
7.1 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
7.2 If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
7.3 We may deliver the Goods in installments if they are not all available at the same time for delivery.
7.4 Goods remain at our risk until signed for by you or by any other person at the address you have given to us, at which point risk passes to you.
7.5 All goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the goods may be retained by the driver.
7.6 When your Goods arrive it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and contact us so that we may dispatch a replacement.
7.7 On the Goods being signed for, you are taken to accept the goods in their current state
7.8 Time for delivery specified in the Order, if any, is an estimate only and time shall not be of the essence. We are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
8. Consumer protection: cancellation
8.1 You may cancel your order at any time before we have dispatched the Goods. If you do, we will refund to you the price of the Goods and any delivery charge.
8.2 After we have dispatched the Goods, you may cancel your order provided that you notify us within seven days of receipt and return the Goods to us within fourteen days. If you do, we will refund to you the full price of the Goods but not any delivery charge paid.
8.3 If you cancel your order after we have dispatched the Goods, you must return them to us in the same condition in which you received them. We cannot refund your money if the Goods have been used, worn or damaged.
8.4 Any repayment for cancellations after dispatch is subject to examination of the condition of the relevant goods by us
8.5 The option to cancel your order is not available if the Goods are made or altered to your specification
8.6 You are responsible for the cost of returning the Goods. We are not obliged to refund to you your cost of re-packing and returning the Goods.
8.7 To assist us in identifying your Goods on receipt by us, we ask you to telephone 01903 282934 for a returns reference to be placed below our address returns label.
8.8 If you fail to return the goods within 14 days, we are entitled to arrange for their collection. If we do we shall look to you to repay us the cost of collection.
8.9 We will refund your money within 14 days of receipt by us of the returned Goods.
8.10 The Law expects an expert to help a buyer to avoid buying a product which may be unsuitable in some way. We are retailers. We are not experts in any of the Goods we sell. You alone must decide whether a product is suitable for your requirement.
8.11 As required by the Distance Selling Regulations, details of our after-sales service and guarantees, if any, are given on our website .
8.12 This paragraph does not affect your rights in the event that the Goods are faulty nor shall any term in this agreement take effect to reduce or remove any right you have under any law on account of your status as a consumer.
9. Liability for subsequent defects
9.1 We will repair or replace Goods which fail to comply with the provisions of the Sale of Goods Act 1979 or which show a defect. You are also protected by the Supply of Goods and Services Act 1982.
9.2 If you claim that the item is defective, the following conditions apply:
9.2.1 The defect must be reported to us within 48 hours of becoming apparent;
9.2.2 The defect must result only from faulty design or manufacture; and
9.2.3 You must return the defective Goods or parts to us.
9.3 If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Goods free of charge.
9.4 If we repair or replace Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
9.5 The Provisions in this clause are subject to clause 6 above.
10. Goods returned
These provisions apply in the event that you return any Goods to us for any reason:
10.3 The Goods must be returned to us as soon as any defect is discovered.
10.4 Goods must be returned:
10.4.1 With both goods and all packaging as far as possible in their original condition;
10.4.2 Securely wrapped;
10.4.3 Including our delivery slip;
10.4.4 At your risk and cost.
10.5 You must tell us by email message to email@example.com that you would like to return goods, specifying exactly what goods and when purchased, giving full details of the defect or other reason for return. We will then issue a returns note. If you send goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
10.6 In returning a faulty item you must enclose a note clearly stating the fault and when it arises or arose.
10.7 If we agree that the item is faulty, we will:
11.9.1 refund the cost of return carriage;
11.9.2 repair or replace the item as we choose.
11.1 13.6 Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the goods or services you have purchased
11.2 Conditions, warranties or other terms implied by the law of any country other than England and Wales are excluded from this agreement to the fullest extent permitted by law.
12.1 Woodsake is a trading name of Wenban Smith Ltd, company number 233418; registered address:14 Newland Road, Worthing, West Sussex, BN11 1JT
12.2 No amendment or variation to this agreement is valid unless in writing, signed by each of the parties or his authorised representative.
12.3 So far as any time, date or period is mentioned in this agreement, time shall be of the essence unless otherwise stated.
12.4 Any provisions of these terms and conditions of sale which in any way, now or subsequently, contravene the law shall be deemed severable and shall not affect the validity or enforceability of any other provisions herein.
12.5 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
12.6 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
12.7 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
12.8 This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
12.9 Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees.
12.10 The validity, construction and performance of this agreement shall be governed by the laws of England and Wales