Terms and Conditions
This page contains information on the terms and conditions for purchases from Pine co UK Limited, trading as oak and pine warehouse .co.uk.
These terms and conditions apply to the purchase of any goods/ products from pine co UK Limited's website oakandpinewarehouse.co.uk. By accessing our website and or / placing an order you agree to be bound by all of the terms, conditions and policies set out below or within the website. Nothing in these conditions affects your rights as a consumer.
Please read these terms and conditions carefully before placing your order with Pine co UK Ltd. Pine Co uk Ltd, at it's discretion, may change, modify, add or remove these terms and conditions at any time and therefore it is important to read these each time you make a purchase order.
Contents of the Terms and Conditions:
1. Definitions
2. Application of Conditions
3. Basis of Sale
4. Price and Payment
5. Description of Products
6. Warranties and Liabilities
7. Delivery
8. Acceptance of the Product(s)
9. Risk and Title
10. Insolvency of Buyer
11. General
12. Headings
13. The Buyer's Right of Cancellation
14. Proper Law of Contract
15. Limitation of Liability
16. Data Protection
17. Complaints and Disputes
Standard conditions of sale:
1. Definitions
1.1 "Buyer" means the person who buys or agrees
to buy the Products/ Goods from the Seller.
1.2 "Conditions" means the terms and conditions
of sale set out in this document and any special terms and
conditions agreed in writing by the Seller.
1.3 "Seller" means Pine Co UK Woodwards Furnishings
Ltd Limited.
1.4 "Delivery date" means the date specified by
the Seller when the Products are to be delivered.
1.5 "Products" means those goods specified.
1.6 "Price" means the price for the Products including
a 2.5% credit card usage charge, delivery, packing and VAT.
1.7 "Regulations" refers to The Consumer Protection
(Distant Selling) regulations 2000 ("The Buyer's right
to cancel").
1.8 "Tailored" means a Product that is non-standard.
1.9 "Address" refers to the address for Pine co
uk Ltd. The address is:
Pine co UK Ltd, 77 Cullen Sq South Ockendon Essex RM15 6AD
1.10 "Consumer" shall bear the meaning given in
Section 12 Unfair Contract Terms Act 1977.
1.11 "Contract" refers to any contract between
the Buyer and Pine co UK Ltd for the sale and purchase of
Products incorporating these conditions, whether completed
electronically through this website or via other means.
1.12 "Delivery Place" refers to the delivery address
as specified by you, the Buyer, in the Order.
1.13 "Order" refers to your offer, as the Buyer,
to purchase Products that you place with Pine co UK Ltd,
whether electronically or via other means.
2. Application of Conditions
2.1 Unless otherwise agreed in writing, these Conditions
shall apply to the exclusion of any other terms and conditions.
2.2 Each order that the Buyer places shall be deemed to
be an offer by the Buyer to purchase Products from Pine
Co UK Ltd, the Seller, subject to these conditions.
2.3 Each order that the Buyer places shall be deemed to
be accepted by the Seller and will become binding once the
Seller issues a Confirmation to the Buyer or, if earlier,
the Seller delivers the Products to the Buyer in accordance
with the delivery terms and conditions.
2.4 If for any reason the Seller does not accept the Buyer's
Order, the Seller will advise the Buyer as soon as practicable.
This will mean that there will be no binding Contract between
the two parties.
2.5 The Buyer must ensure that the details that he provides
the Seller are complete and accurate and that he provides
all the necessary information relating to the Supply of
the Products within sufficient time to enable the Seller
to perform the Contract in accordance with these Conditions.
2.6 Any typographical or clerical 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.
2.7 If any provision of these conditions is adjudged invalid
or unenforceable in whole or part the validity of the other
provisions of these conditions and the remainder of those
provisions in question shall not be affected.
2.8 If the Seller is not able to supply the Product and
payment has already been made by the Buyer, then following
agreement between the Seller and the Buyer, the Buyer's
account will be refunded or re-credited with the sum paid
by the Buyer. The refund will be carried out as soon as
possible, in any event, within 30 days of the order. The
Seller will not be obliged to offer any compensation for
disappointment suffered.
3. Basis of Sale
3.1 Subject to the Buyer's right to cancel the Contract,
included within clause 13, the Seller shall sell and the
Buyer shall buy the Products in accordance with the Confirmation.
No Contract exits between the Buyer and Seller for the sale
of any Products until the Seller has received, processed
and confirmed the order and the Seller has received payment
in full, (in cleared funds). Once the Seller does so, there
is a legal binding Contract between the Buyer and Seller.
3.2 The description of Goods shall be set out in writing
in the Confirmation.
3.3 Any item that is not the specified Product in the product
description on the web page, and that appears in any photograph
or illustration on the website or in product brochures,
will not form part of this Contract. An example of such
items are computers, televisions, and other pieces of furniture
that can be seen in the pictures depicting the item in question
in a natural setting. Such information is for illustration
purposes only and may not comprise part of the Products.
3.4 Any specifications or advertising issued by the Seller
and any descriptions or illustrations contained within our
website or brochures will not form part of this Contract.
Such information is by way of guidance or illustration only,
and may not bear any relationship with Products.
3.5 The Buyer shall not be entitled to assign the Contract
or any part of it without prior written consent.
3.6 The Seller may assign the Contract or any part of it
to any person, firm or company.
4 Price and Payment
4.1 The Contract price for the supply of Products shall
be as set out in the Confirmation. In the event of any increase
in the cost to the Seller of raw materials, labour, overheads,
or any increase in taxes or duties, or any variation in
exchange rate the Seller may increase the Price payable
under the Contract upon written notice. If notice of price
increase is given by the Seller, the Buyer shall have the
right to cancel the order and receive back any sums they
have paid. Notice of cancellation must be received in writing
by the Seller within seven days of delivery of the notice
of price increase to the Buyer.
4.2 If the Seller makes an error in the Confirmation or
any invoice or any receipt the Seller will correct that
error within 60 days of being notified of any error.
4.3 Payment of the Price shall be due on the date of the
purchase order. Payment shall be due before the delivery
date and time for payment shall be of the essence.
4.4 In the instance that payment has not been received and
an order has been confirmed, interest on overdue invoices
shall accrued from the date when payment becomes due on
a daily basis until the date of payment at the rate of 2%
above Natwest bank's base rate in force at that time.
4.5 No payment shall be deemed to have been received until
the Seller has received cleared funds. There will be no
delivery until cleared funds have been received.
4.6 Payment for the Products and any delivery charges can
be made by any method shown on the Suppliers website at
the time the Buyer places an order.
4.7 Payments shall be made by the Buyer without any deduction
whether by way of set-off, counterclaim, discount, abatement
or otherwise unless the Buyer has a valid court order requiring
an amount equal to such deduction to be paid by the Seller
to the Buyer.
4.8 The seller does not allow offers including the price
match promise to be used in conjunction with each other
unless otherwise stated.
5 Description of Products
5.1 The quantity and description of the Products shall be
set out in the Seller's confirmation.
5.2 The Seller may make changes in the specification of
the Products which do not materially affect their quality
or performance required to conform with any applicable statutory
requirements where the Products are supplied to the Seller's
specification.
5.3 Photographs provided on the website are for illustrative
purposes only and may not exactly match the Product itself.
6. Warranties and Liabilities
6.1 The Seller warrants that the Products will correspond
with their specification at the time of delivery and will
be free from defect in quality, material workmanship and
condition for a period of 12 months from delivery, unless
otherwise specified and subject to conditions set out below.
6.2 The Seller shall not be liable for any breach in warranty
clause 6.1 unless:
6.2.1 The Buyer provides written notice of the defect within
7 days of the time the Buyer discovers or ought to have
discovered the defect; and
6.2.2 The Seller is given reasonable opportunity after receiving
the Buyer's notice of defect to examine the Products in
question and the Buyer (if asked by the Seller to do so)
shall return the Products to the Address at the Seller's
cost for the examination to take place there.
6.3 The Seller shall not be liable for a breach of the warranty
in clause 6.2 if:
6.3.1 The Buyer makes further use of such Products after
giving notice of the defect to the Seller.
6.3.2 The defect arises as a result of fair wear and tear,
wilful damage, negligence, misuse, abnormal working conditions
or failure to follow our oral or written instructions as
to the storage of use of the Products.
6.3.3 The Buyer alters or repairs such Products without
our written consent; or
6.3.4 The Buyer has not paid the Contract price for the
Products by the Payment date.
6.4 Subject to clause 6.2, if any Products do not conform
with any of the warranty, then within 30 days of us examining
the defective Products, the Seller (at the Seller's option)
will either:
6.4.1 Repair or replace such Products (or the defective
part) free of charge; or
6.4.2 Refund the price of such Products (or a proportionate
part of the price) provided that the Buyer delivers up the
Products for collection (or, if the Seller so requests and
at the Seller's expense the Buyer return the Products or
the part of such Products which is defective to the Seller
at the Seller's Address).
6.5 If the Seller complies with clause 6.4 the Seller shall
have no further liability for breach of any warranty in
condition 6.1 in respect of such Products.
7 Delivery
7.1 All delivery charges displayed on the website are guidelines.
Final delivery charges will be confirmed before despatch
and processing of the Order. The Seller will not deliver
to addresses outside of mainland United Kingdom.
7.2 The Products the Buyer orders will be delivered to the
address specified in the order unless otherwise agreed in
writing by the Buyer and the Seller.
7.3 Goods will be deemed to have been delivered once delivered
to the specified address as detailed in clause 7.2 and the
Seller will not be liable to the Buyer for non-delivery
of the Products. The Seller does not need to satisfy itself
that the person accepting delivery at the specified address
is the Buyer (or authorised by the Buyer to accept delivery
of the Goods).
7.4 Dates and times quoted for delivery are approximate
only. Delivery will take place Monday - Friday between 8am
and 5.30pm. Where possible, Saturday deliveries maybe available
for a surcharge. This surcharge will reflect the exact cost
of the delivery by the Seller. The Seller shall not be liable
for any direct, indirect or consequential loss, costs, damages,
charges or expenses caused directly or indirectly by any
delay in the delivery of the Goods.
7.5 Generally, where an order contains more than one item
all items will be delivered at the same time once all items
are available.
7.6 Where a delivery date has been agreed with our carrier
but the Buyer is not present to receive the delivery, the
Seller reserves the right to charge the Buyer a minimum
of £25 to cover the cost of the failed delivery.
7.7 If the Products ordered by the Buyer are not available
or discontinued and the Seller is unable to deliver them
to the Buyer within 60 days (or any other time limit agreed
by the parties), the Seller shall inform the Buyer of this;
cancel the Contract; and reimburse any sums paid by the
Buyer (or which has been paid on the Buyer's behalf) under
the Contract to the person by whom payment was made no later
than 30 days after the due date for delivery of the Goods
under the Contract.
7.7.1 Any liability to the Seller for the non-delivery of
Products shall be limited to replacing the Products within
a reasonable time or issuing a respective credit note/ refund
raised for such Products.
7.8 The quantity or content of any consignment of Products
as recorded by the Seller upon dispatch shall be conclusive
evidence of the quantity or content received by the Buyer
on delivery unless the Buyer can provide conclusive evidence
proving the contrary.
7.9 Time for the delivery shall not be of the essence. The
Products may be delivered by the Seller in advance of the
quoted delivery date.
7.10 Deliveries made by national carriers will be delivered
by one man and delivered to your front door.
7.11 All goods must be signed for. We are unable to deliver
to unattended premises or outside of customer addresses.
7.12 We do not accept any blame or liability for customers
removing or disposing of old beds or mattresses prior to
delivery. We do advise that customers only dispose of old
goods after acceptance of the new goods been delivered.
7.13 Postcode areas AB31 - 38, AB41 - 56, FK19 - 21, H5,
IV1, IV3 - 56 cannot be delivered on a next day basis.
7.14 Deliveries made to business addresses will have the
customers authority for anybody in the building to accept
goods on the customers behalf. Pine Co uk Ltd will accept
no responsibility once the goods have been signed for at
the requested address.
7.15 Should the buyer require the seller to store an item
for a period longer than 3 months, as a request from the
buyer or as a consequence of the buyer being un-contactable
then the seller reserves the right to charge for storage
of the item for the period after the 3 months. If the goods
have not been delivered 1 year after the original order
date then the goods will be re-sold and any charges will
be deducted from the refund.
8 Acceptance of the Product(s)
8.1 Other than where the Buyer acts as a Consumer, the Buyer
shall be deemed to have accepted the Products 5 working
days after delivery to the Buyer.
8.2 After acceptance the Buyer shall not be entitled to
reject Products which are not in accordance with the Contract
9 Risk and Title
9.1 Risk of damage to or loss of the Products shall pass
to the Buyer upon delivery. If the Buyer wrongfully fails
to take delivery of the Products, then risk of the Products
shall pass to the Buyer at the time when the Seller tendered
delivery of the Products.
9.2 Notwithstanding any other provision herein title to
the Products shall not pass to the Buyer until the Seller
has received in cash or cleared funds payment in full for
the Products and all other sums which are or which become
due to the Seller from the Buyer on any account.
9.3 The Seller shall be entitled to recover payment for
the Products notwithstanding that ownership of any of the
Products has not passed from the Seller.
9.4 The Buyer may not use or resell the Products before
ownership has passed.
9.5 The Buyer grants the Seller the licence at any time
to enter any premises where the Products are or may be stored
in order to inspect them, or where right to possession has
terminated, to recover them, and to use reasonable force
in doing so.
10 Insolvency of Buyer
10.1 This clause applies if:
10.1.1 The Buyer makes any voluntary arrangements with its
creditors or becomes subject to an administration order
or (being an individual or firm) becomes bankrupt, or (being
a company) goes into liquidation (otherwise than for the
purpose of amalgamation or reconstruction) or
10.1.2 An encombrancer takes possession, or a receiver is
appointed, of any of the property of assets of the Buyer,
or
10.1.3 The Buyer, not being a Consumer, ceases or threatens
to cease, to carry on business, or
10.1.4 The Seller reasonably apprehends that any of the
events mentioned above is a about to occur in relation to
the Buyer and notified the Buyer accordingly.
10.2 If the clause applies, without prejudice to any other
right or remedy available to the Seller, the Seller shall
be entitled to cancel the Contract or suspend any further
deliveries under the Contract without any liability to the
Buyer, and if the Products have been delivered but not paid
for the Price shall become immediately due and payable,
despite any previous arrangement or agreement to the contrary.
11. General
11.1 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 of their reasonable
control, including but not limited to strikes, lock outs,
accidents, war, fire, reduction or unavailability of power
at the Seller's premises or its/ suppliers manufacturing
plant, breakdown of plant or machinery or shortage or unavailability
of raw materials from a natural source of supply, import
or export regulations or embargoes (including the failure
of the Seller's suppliers to obtain any necessary export
permits licences or other authorisations) and the party
shall be entitled to a reasonable extension of its obligations.
11.2 Provided that if any event referred to in clause 11.1
continues for a period in excess of 30 days, the Buyer will
be entitled to give notice in writing to terminate the Contract.
11.3 Any notice required or permitted to be given by either
party to the other under the conditions shall be in writing
and in the case of notices to the Seller, addressed to the
Seller at its Address or in the case of notices to the Buyer,
at the Buyer's address as provided to the Seller.
11.4 Failure or delay by the Seller in enforcing any provision
of the Contract will not be construed as a waiver of any
of its rights under the Contract.
12. Headings
12.1 The headings of the Clauses in these conditions are
intended for reference only and will not affect the construction
of these conditions.
12.2 Representations - no statement, description, warranty
condition or recommendation contained in any price list,
advertisement or communication or made verbally by any of
the Agents or Employees of the Seller shall be construed
to enlarge, vary or override in any way thereof any of these
conditions.
12.3 Additional costs - The Buyer agrees to pay for any
loss or extra cost incurred by the Seller through the Buyers
instructions or lack of instructions or through failure
to delay in taking delivery or through any acts or default
on the part of the Buyer, it's servants, agents or employees.
13. The Buyer's Right of Cancellation
13.1 In accordance with the Regulations the Buyer has the
right of cancellation within 7 days except where a Product
is tailored to customer requirements and without fault.
13.2 To exercise the Buyer's right of cancellation, the
Buyer must give written notice to the Seller by letter or
e-mail giving details of the Products ordered and (where
appropriate) their delivery. Notification by phone is not
sufficient.
13.3 Once the Seller has been notified of the cancelling
of the Contract, the Seller will refund or re-credit the
Buyer within 30 days for any sum that has been paid or debited
from the Buyer's credit card for the Products, this refund
or re-credit will not include the delivery charge. This
refund will be subject to a 2.5% surcharge, the cost of
the credit/debit card transaction charged to the Seller
by the Seller's payment processor Natwest streamline . This
charge has been built into the Price of the Products.
13.4 If the Buyer does not cancel the Contract in accordance
with clauses 3.1 and 3.2, the Buyer shall be deemed to have
accepted the Goods (except any manufacturing faults) and
will not be liable to return the Goods to the Seller.
13.5 If the Seller has delivered the Products to the Buyer
but the Buyer wants to cancel the Contract, as prescribed
in clauses 13.1 and 13.2, the Buyer must retain possession
of the Goods until the cancellation notice has been sent
to the Seller within the relevant time limit. The Products
can not be used. The Buyer will be responsible for returning
the Products to the Supplier at the Buyer's own cost. The
Products must be returned to the address in the definitions
section. The Buyer must take reasonable care to ensure that
the Products are not damaged in the meantime or in transit
and return then in the packaging and condition they were
delivered to the Buyer. Alternatively, the Seller will organise
for the goods to be collected on a mutually convenient date.
In this case, the Buyer will be re-credited with a full
refund minus the exact cost of collecting the goods.
13.6 Please note that all Upholstery is subject to a 50%
cancellation fee if cancelled after half the delivery lead
time has passed. (The delivery lead time is clearly shown
on each product).
14. Proper Law of Contract
14.1 The Contract shall be governed by the law of England
and Wales and any dispute, question or remedy however so
arising determined exclusively by the Courts of England
and Wales.
15 Limitation of Liability
15.1 The Seller's total liability in Contract, tort (including
negligence or breach of statutory duty), misrepresentation,
restitution or otherwise, arising in connection with the
performance or contemplated performance of this agreement
shall be limited to the price paid for the Products.
15.2 Nothing in these conditions excludes or limits the
liability of the Seller for death or personal injury caused
by the Seller's negligence or fraudulent misrepresentation.
15.3 The Seller shall not be liable to the Buyer for any
indirect or consequential loss or damage (whether for the
loss of profit, loss of business, depletion of goodwill
or otherwise), costs, expenses or other claims for consequential
compensation whatsoever (howsoever caused) which arise out
of or in connection with this agreement.
16. Data Protection
16.1 The Seller will take all reasonable precautions to
keep the details of the Buyer's order and payment secure
but unless the Seller is negligent, the Seller will not
be liable for unauthorised access to information supplied
by the Buyer.
17. Complaints and Disputes
17.1 If the Buyer has a complaint about the Goods or service,
the Buyer should contact Woodwards Furnishings Ltd, the
Seller by:
17.1.1 Post - sent to the Address in the definitions section
17.1.2 Electronic e-mail
17.1.3 Telephone on
17.2 The Seller will try to respond in writing to the Buyer's
complaint within 14 working days of receiving it.
If you do not agree with our terms and conditions, please do not use our website.
Pine Co UK Limited trading as Oakandpinewarehouse.co.uk is a company registered in England and Wales, registration number 6633158.
Registered Office :
77 Cullen sq
South Ockendon
Essex RM15 6AD
