THE LITTLE SHROPSHIRE WOOD COMPANY LIMITED – 2020.
TERMS AND CONDITIONS OF SUPPLY TO CONSUMER CUSTOMERS
This page (together with the documents referred to in it) sets out the terms
and conditions on which The Little Shropshire Wood Company Limited (we,
our, us) supply any of the stores listed on our website www.
thelittleshropshirewoodcompany.co.uk (our website) or any other products supplied by
us (Product(s) and services involved in the construction and positioning of the
Products (Services) to a person who is not dealing in the course of business and
whose order for the Products and/or Services are accepted by us (you, your).
Please read these terms and conditions carefully before using our website and/or
ordering any Products and/or Services. You should understand that by ordering
any of our Products and/or Services, you indicate that you accept these terms
and conditions and agree to be bound by them. If you do not accept these
terms and conditions you should refrain from ordering any of our Products and/
If you are ordering Products and/or Services, you should keep a copy of these
terms and conditions for future reference, and check our website for any
changes to these terms and conditions prior to ordering any Products and/or
Services. If you have any concerns or queries regarding these, please call us
prior to placing an order on 07733 367195.
You are required to be over the age of 18 years to place an order and by
placing an order you acknowledge and warrant that you are legally capable of
entering into binding contracts.
You may have other rights granted to you by law in addition to those set out in
these terms and conditions. These terms and conditions do not affect those
other rights granted by law.
1. INFORMATION ABOUT US
www.thelittleshropshirewoodcompany.co.uk is a website operated by The Little Shropshire Wood Company.
We are registered in England and Wales under company number 13310496 with our registered office and main trading address at Laburnum Cottage, Lower Heath, Whitchurch, Shropshire. England SY13 2BG.
2. PRODUCT AVAILABILITY
Some restrictions are placed on the extent to which we accept orders from
specific countries. We intend to advise you by email or post following your
making an enquiry or placing an order with us, if such a restriction is applicable.
3. HOW THE CONTRACT FOR THE SALE OF PRODUCTS AND/OR
SERVICES IS FORMED BETWEEN YOU AND US
3.1 Please note that receipt of your order by us (whether by telephone,
letter or email) does not mean that your order has been accepted. Your order
constitutes an offer to us to buy a Product and/or Services. All orders are
subject to acceptance by us, and we will confirm such acceptance to you by sending
you an e-mail or letter that confirms our acceptance of your order (the Acceptance
Confirmation). The contract between us (Contract) will only be formed when we
send you the Acceptance Confirmation.
3.2 Prior to our accepting your order we may provide you with a quotation.
Quotations are valid for a maximum period of  days from the date made and
may be withdrawn or altered by us during that period of time without notice.
3.3 Please ensure that you read and understand these terms and
conditions before you submit your order, because you will be bound by the
terms and conditions once a Contract comes into existence between us, in
accordance with clause 3.1
3.4 The Contract will relate only to those Products and/or Services whose
acceptance of order we have confirmed in the Acceptance Confirmation. We
will not be obliged to supply any other Products or Services relating to these
other Products which may have been part of your order, until your order for
such Products and/or Services has been confirmed in a separate Acceptance
4. THE PRODUCTS AND SERVICES
4.1 We sometimes provide brochures (including photographs) and product
details in order to give a good idea of the available Product design, however it is
sometimes not possible to give exact dimensions or specification details. If you have
any concerns in respect of this, please contact us on 07733367195 or by
email at firstname.lastname@example.org.
4.2 The quantity and description of the Products and/or Services will be as
set out in our Acceptance Confirmation.
4.3 Unless we are prevented from doing so by an event outside our
reasonable control (as referred to more particularly in clause 16) we warrant that
on delivery and/or performance the Products and/or Services shall:
4.3.1 conform in all material respects with their description;
4.3.2 be of satisfactory quality (in respect of the Products) and be carried
out with reasonable care and skill (in respect of the Services);
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4.3.3 be reasonably fit for any purpose we say the Products and/or
Services are fit for or for which products or services of the kind as commonly
4.3.4 be free from material defects in design, material and workmanship.
Subject to clause 4.4, we do not make any other promises or warranties about
the Products and/or Services.
4.4 This warranty is in addition to your legal rights in relation to Products
and/or Services which are faulty or which are not carried out with reasonable skill
and care or which otherwise do not conform with these terms and conditions.
4.5 This warranty does not apply to any defect in the Products arising from
fair wear and tear, wilful damage, accident, negligence by you or any third party,
if you use the Products in a way that we do not recommend, your failure to follow
our instructions, or any alteration or repair you carry out without our prior written
4.6 We will take reasonable steps to pack the Products properly and to
ensure that you receive your order in good condition.
4.7 Within the United Kingdom (or elsewhere where we specifically agree in
writing) we will construct and position the Products at the property set out in the
Acceptance Confirmation, or as otherwise agreed in writing by us (Assembly Site).
Please note we will only be able to provide the Services at all or on time if the
following conditions are met:
4.7.1 we are able to provide the Services to you within our normal
working hours of 9am - 5pm (Monday to Friday excluding public or bank
holidays in England);
4.7.2 we are given by you, in sufficient time, any information and
instructions relating to the Services that is or are necessary to enable us to
provide the Services in accordance with these terms and conditions;
4.7.3 we are given suitable access to, from and around the Assembly
4.7.4 we are given access (where applicable)to adequate electricity
4.7.5 the Assembly Site is suitable, with requirements including
But not limited to the Assembly Site being sufficiently level, safe, clear of
obstruction and having an appropriate base in place; and
4.7.6 you have obtained and maintained the appropriate
licences, permissions (including but not limited to planning permissions),
consents for the construction, assembly and continued situation of the Products
at the Assembly Site.
If one or more of the above conditions are not met then we may be unable to
provide the Services or (in our sole discretion) agree to provide the Services
subject to a construction charge (to reflect the fact that in those circumstances, we will
have to carry out additional work to provide the Services). We accept no liability
for our inability to provide the Services in such circumstances.
4.8 A callout charge of our reasonable transport and hourly costs will
be payable by you within 7 days of our notification to you that such charge is
payable, in the event that we arrive at the Assembly Site with the intention of
providing the Services and are unable to do so because of the issues outlined in
clause 4.7 above.
4.9 Subject to any construction charge referred to in clause 4.7 or the
charging of the callout charge referred to in clause 4.8 or unless otherwise
agreed in writing with us, the standard charges for our Services will apply, as are
set out in the [Product specific details].
4.10 We will use our reasonable endeavours to provide the Services and
on the dates set out in the Acceptance Confirmation however, please note that there
may be circumstances which affect our ability to provide the Services
including but not limited to weather conditions and the condition of the ground
upon which the Product are to be situated. In such circumstances, subject to
clause 4.7, we will complete the Services as soon as reasonably possible.
4.11 You acknowledge and warrant to us that you are the owner of the land
upon which the Products are to be constructed and/or that our presence on
the land, activities on the land and provision of the Services on the land will not
violate the rights of any third party. Furthermore you will notify us of any health
and safety issues and/or security issues relevant to the Assembly Site prior to us
attending the Assembly Site.
4.12 You agree to be responsible for any loss or damage we may incur
which is caused by:
4.12.1 your failing to comply with your obligations under clauses 4.7
and 4.11 and/or
4.12.2 our following your instructions in carrying out the Services
under any contract between us, formed in accordance with clause 3.1.
4.13 We only supply the Products and/or Services for domestic and private
use, and you agree not to use the Products and/or Services for any commercial
5. DELIVERY OF PRODUCTS AND/OR SERVICES
5.1 These terms and conditions apply to any repaired or replacement
Products and/or Services we supply to you in the unlikely event that the original
Products and/or Services are faulty or do not otherwise conform with these
terms and conditions.
5.2 We will do all that we reasonably can to deliver the Products and/
or perform the Services at the address stated on the Acceptance Confirmation
and by the delivery date set out in the Acceptance Confirmation or, if no delivery date is
specified, then within 9-10 weeks of the [date of the Acceptance Confirmation]. If
despite those endeavours we are unable for any reason to fulfil any delivery or
performance by the specified date, we will not be deemed to
be in breach of the Contract. We will let you know if we become aware of an
unexpected delay and will arrange a new delivery date with you.
5.3 Deliveries will take place (unless otherwise agreed by us in writing)
between the hours of 8am and 6pm Monday to Friday (except on public or bank
holidays in England) at the address stated on the Acceptance Confirmation.
5.4 Subject to your cancellation rights referred to in clause 8, any delay in
delivery and/or performance will not entitle you to cancel a Contract unless and
until you have given seven days’ notice to us in writing via post or email to the
addresses referred to in clause 8.2 requiring the delivery and/or performance
to be made and we have not fulfilled the delivery and/or performance within that period.
5.5 If you fail to take delivery of an order, then, except where this failure
is caused by our failure to comply with these terms and condition or by an event
beyond your reasonable control:
5.5.1 we will store the Products until delivery takes place and may
charge you a reasonable sum to cover expenses and insurance; and
5.5.2 we shall have no liability to you for late delivery.
5.6 If you have not taken delivery of the Products within two weeks of our
notifying you that they are ready, we may, after giving you reasonable prior notice
in writing, resell or otherwise dispose of part or all of the Products and, after
deducting reasonable storage and selling costs, pay you for any excess received
over the contract price of the Products or charge you for any shortfall received
below their contract price.
5.7 If we are not able to deliver the whole of the order at one time due to
operational reasons or shortage of stock, we will deliver the order in instalments.
We will not charge you extra delivery costs for this. If you ask us to deliver the
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order in instalments, we may charge you extra delivery costs. Each instalment
shall constitute a separate contract. If we are late delivering an instalment or one
instalment is faulty, that will not entitle you to cancel any other instalment.
6. PRICE AND PAYMENT
6.1 The price of any Products and/or Services will be as set out in the
6.2 Unless otherwise agreed with the Company in writing, the price of any
6.2.1 exclude delivery (a) outside the United
Kingdom mainland; and (b) to the Scottish Highlands; and
6.2.2 include delivery in the United Kingdom (excluding its islands and
the Scottish highlands) and the cost of the Services.
6.3 We may change the price of the products we supply at any time, but
changes will not affect orders in respect of which we have already sent you an
6.4 Unless otherwise agreed as set out in the Acceptance Confirmation,
payment for Products and/or Services must be by credit or debit card, bank transfer or PayPal. We
accept payment with visa credit or debit, Mastercard, maestro or/and switch.
Unless otherwise agreed by us in writing, payment for all Products must be
made as set out in the Company’s quote or if no payment terms are provided in
the quote, in full within 30 days of the date of the Acceptance Confirmation or on delivery
of the Products, whichever is the later.
6.5 We may require a deposit to be paid by you prior to our manufacture
of the Products relevant to your order. Where applicable, details of the deposit
and the timescales within which such deposit must be paid, will be set out in the
6.6 All payments shall be made in pounds sterling.
7. RISK AND TITLE
7.1 The Products will be your responsibility from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full
payment (in cash or cleared funds) of all sums due in respect of the Products
and/or the Services, and all other sums which are or which become due to us
from you on any account.
7.3 Until ownership of the Products has passed to you, you must:
7.3.1 hold the Products on a fiduciary basis as our bailee;
7.3.2 store the Products (at no cost to us) in such a way that
they remain readily identifiable as our property;
7.3.3 maintain the Products in satisfactory condition insured for
their full price against all risks.
7.4 Your right to possession of the Products will terminate immediately if:
7.4.1 You have a bankruptcy order made against it or you make
an arrangement or composition with your creditors or otherwise take the benefit of any
Act for the time being in force for the relief of insolvent debtors; or
7.4.2 You suffer or allow any execution, whether legal or
equitable, to be levied on your property or obtained against you, or you fail to
observe or perform any of your obligations or duties under any contract between
us and you, or you are unable to pay your debts within the meaning of section
123 of the Insolvency Act 1986.
7.5 We will be entitled to recover payment for the Products even where
title in any of the Products has not passed from us.
7.6 You grant us, our agents and employees an irrevocable licence at any
time to enter any premises where the Products are or may be stored in order
to inspect them, or, where your right to possession has terminated, to recover
7.7 If your right to possession of the Products terminates in accordance
with clause 7.4, we shall be entitled to issue you with a credit note for all or any
part of the price of the Products together with value added tax on such price.
8. CONSUMER RIGHTS IN RESPECT OF THE SALE OF PRODUCTS
AND SUPPLY OF SERVICES
8.1 Consumer distance selling regulations means that subject to clause
8.3 below, if for any reason you are unhappy with your purchase, you can return
it to us in its original condition within 7 days of the date you received the item,
and we will issue a full refund for the price you paid for the item less any carriage
costs, in accordance with our refunds policy (set out in clause 9 below). Please
note that all items returned must be unused and in pristine condition.
8.2 To cancel a Contract, you must inform us in writing via email to info@
theposhshedcompany.co.uk or by first class pre-paid post to The Little Shropshire Wood Company at, Laburnum Cottage, Lower Heath, Whitchurch, Shropshire, SY132BG.
You must also return the Product(s) to us immediately, in the same condition in which you
received it or them, and at your own cost and risk. You have a legal obligation to
take reasonable care of these Products while they are in your possession. If you
fail to comply with this obligation, we may have a right of action against you for
8.3 You will not have the right to cancel Products which have been
made to your own specification, whether or not we have assisted in designing such
specification, unless agreed with us in writing. This does not include any Products
that are faulty. If a Product is found to be faulty the Product will either be
repaired or replaced in accordance with clause 9. This does not affect your
With the exception of faulty or damaged products it is the customers
responsibility to return products to us. Where products are faulty or incorrect we
can arrange for collection of items. We are unable to exchange products that are
not damaged, defective or incorrect if the item is outside the 7 days. Please note
that this does not affect your statutory rights.
9. DEFECTIVE PRODUCTS AND/OR SERVICES AND OUR REFUNDS POLICY
9.1 In the unlikely event that the Products and/or the Services do not
conform with these terms and conditions, on delivery or within a period of 12
months from delivery please let us know as soon as possible after delivery and/
or performance (as applicable). We will (where the issue is with the Product once
we have checked that the Product is faulty):
9.1.1 provide you with a full or partial refund, depending on what is
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9.1.2 replace or replace the Products or re-perform the Services.
9.2 These terms and conditions will apply to any replacement Products or
Services we supply to you.
9.3 When you return a Product to us:
9.3.1 because, as a consumer, you have cancelled the Contract
between us within the seven-day cooling-off period (see clause 8.1), we will
process the refund due to you as soon as possible and, in any case, within 30
days of the day you have given notice of your cancellation. In this case, we will
refund the price of the Product in full, including the cost of sending the item to
you. However, you will be responsible for the cost of returning the item to us.
9.3.2 for any other reason (for instance, because you have notified us in
accordance with clause 18.7 and 18.8 that you do not agree to any change in
these terms and conditions or in any of our policies, or because you claim that
the Product is defective), we will examine the returned Product and will notify you
of your refund (where a refund rather than a repair or replacement of the Product
will be payable) via e-mail within a reasonable period of time. We will usually
process the refund due to you as soon as possible and, in any case, within
30†days of the day we confirmed to you via e-mail that you were entitled to a refund
for the defective Product. Products returned by you because of a defect will be
refunded in full, including a refund of the delivery charges for sending the item to
you and the cost incurred by you in returning the item to us.
9.4 We will usually refund any money to you in accordance with clauses
9.1 and 9.3 using the same method originally used by you to pay for your
purchase. Where any purchase has been paid for in cash, a refund will be
provided to you by us, by cheque.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 The copyright, design right and all other intellectual property rights in
any materials and other documents or items that we prepare or produce for you
in connection with the Products and/or Services will belong to us absolutely.
10.2 You may not use the materials, documents or other items detailed in
clause 10.1 for any commercial purpose.
11. OUR LIABILITY
11.1 We do not exclude or limit in any way our liability to you:
11.1.1 for death or personal injury caused by our negligence; for any
breach of section 12 of the Sale of Goods Act 1979 or section 2 of the Supply
of Goods and Services Act 1982; under section 2(3) of the Consumer Protection
Act 1987 or for losses for which it is prohibited by section 7 of the Consumer
Protection Act 1987 to limit liability; for fraud or fraudulent misrepresentation; or
11.1.2 For any matter for which it would be illegal [or unreasonable]
for us to exclude, or attempt to exclude our liability.
11.2 Subject to clause 12.1, if we fail to comply with these terms and
conditions, we will not be responsible for any losses that you suffer as a result,
except for those losses which we could reasonably foresee would result from our
failure to comply with these terms and conditions.
11.3 Subject to clause 12.1, as you are purchasing the Products and/or
Services as a consumer and not through the course of business, we will not be
responsible for any losses that result from our failure to comply with these terms
and conditions which fall into the following categories:
11.3.1 Loss of income or revenue;
11.3.2 Loss of business;
11.3.3 Loss of anticipated savings; or
11.3.4 Loss of data.
This clause does not prevent you claiming from us foreseeable loss of, or
damage to, your physical property, which has been caused by our failing to
comply with these terms and conditions.
11.4 In respect of Products which are not manufactured by us, as far
as we’re reasonably able, we will pass to you the benefit of any warranty or
guarantee which may have been passed to us by the manufacturer of such
Products. Subject to clause 12.1, we limit our liability to the extent of such
manufacturer warranty or guarantee (if any).
11.5 Where you buy any product from a third party seller through our
website, the seller’s individual liability will be set out in the seller’s terms and
12. IMPORT DUTY
12.1 If you order Products from our website for delivery outside the UK,
they may be subject to import duties and taxes which are levied when the
delivery reaches the specified destination. You will be responsible for payment of any
such import duties and taxes. Please note that we have no control over these
charges and cannot predict their amount. Please contact your local
customs office for further information before placing your order.
12.2 Please also note that you must comply with all applicable laws and
regulations of the country for which the Products are destined. We will not be
liable for any breach by you of any such laws.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we
send to you should be in writing. When using our website, you accept that
communication with us will be mainly electronic. We will contact you by e-mail or
provide you with information by posting notices on our website. For contractual
purposes, you agree to this electronic means of communication and you
acknowledge that all contracts, notices, information and other communications
that we provide to you electronically comply with any legal requirement that
such communications be in writing. This condition does not affect your statutory
All notices given by you to us must be given to The Little Shropshire Wood Company via our email address at email@example.com. We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be
deemed received and properly served 24†hours after an e-mail is sent, or
three days after the date of posting of any letter by pre-paid first class post, or seven
days after the date of posting by airmail. In proving the service of any notice, it
will be sufficient to prove, in the case of a letter, that such letter was properly
addressed, stamped and placed in the post and, in the case of an e-mail, that
such e-mail was sent to the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The contract between you and us is binding on you and us and on our
respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of a
Contract, or any of your rights or obligations arising under it, without our prior
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of
a Contract, or any of our rights or obligations arising under it, at any time during
The Little Shropshire Wood Company,
The Little Shropshire Wood Company, Laburnum Cottage, Lower Heath, Whitchurch, Shropshire. SY132Bg
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We aim to provide a top quality service - before, during and after installation (it’s also the spirit behind these terms)
the term of the Contract, but this will not affect your rights under these terms and
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay
in performance of, any of our obligations under a Contract that is caused by
events outside our reasonable control (Event).
16.2 An Event includes any act, event, non-happening, omission or
accident beyond our reasonable control including but not limited in particular to:
16.2.1 Strikes, lock-outs or other industrial action.
16.2.2 Civil commotion, riot, invasion, terrorist attack or threat of
terrorist attack, war (whether declared or not) or threat or preparation for war.
16.2.3 Fire, explosion, storm, flood, earthquake, subsidence,
epidemic, pandemic or other natural disaster.
16.2.4 Impossibility of the use of railways, shipping, aircraft, motor
transport or other means of public or private transport.
16.2.5 Failure of machinery, sub-contractors or suppliers.
16.2.6 Impossibility of the use of public or private telecommunications
16.2.7 The acts, decrees, legislation, regulations or restrictions of any
16.3 Our performance under any Contract is deemed to be suspended
for the period that the Event continues, and we will have an extension of time
for performance for the duration of that period. We will try (without having to
spend any money) to bring the Event to a close or to find a solution by which our
obligations under the Contract may be performed despite the Event.
17.1 If we fail, at any time during the term of a Contract, to insist upon strict
performance by you of any of your obligations under the Contract or any of these
terms and conditions, or if we fail to exercise any of the rights or remedies to
which we are entitled under the Contract, this will not amount to a waiver of such
rights or remedies and will not relieve you from compliance with your obligations
under any Contract and these terms and conditions. No waiver by us of any of
these terms and conditions shall be effective unless it is expressly stated to be
a waiver and is communicated to you in writing in accordance with clause 15,
and any waiver by us of any default by you will not constitute a waiver of any
17.2 We will only use the personal information you provide to us, to provide
the Products and/or Services, or to inform you about other similar products and/
or services we provide, unless you tell us that you do not want to receive this
17.3 If any of these terms and conditions or any provisions of a
Contract are determined by any competent authority to be invalid, unlawful or
unenforceable to any extent, such term, condition or provision will to that extent
be severed from the remaining terms, conditions and provisions which will
continue to be valid to the fullest extent permitted by law.
17.4 These terms and conditions and any document expressly referred
to in them represent the entire agreement between us in relation to the subject
matter of any Contract and supersede any prior agreement, understanding or
arrangement between us, whether oral or in writing.
17.5 We each acknowledge that, in entering into a Contract, neither of us
has relied on any representation, undertaking or promise given by the other or
be implied from anything said or written in negotiations between us prior to such
Contract except as expressly stated in these terms and conditions.
17.6 Neither of us shall have any remedy in respect of any untrue statement
made by the other, whether orally or in writing, prior to the date of any Contract
(unless such untrue statement was made fraudulently) and the other party’s
only remedy shall be for breach of contract as provided in these terms and
17.7 We have the right to revise and amend these terms and conditions
from time to time to reflect changes in market conditions affecting our business,
changes in technology, changes in payment methods, changes in relevant laws
and regulatory requirements and changes in our systems.
17.8 You will be subject to the policies and terms and conditions in force
at the time that you order Products from us, unless any change to those policies
or these terms and conditions is required to be made by law or governmental
authority (in which case it will apply to orders previously placed by you), or if we
notify you of the change to those policies or these terms and conditions before
we send you the Acceptance Confirmation (in which case we have the right to assume
that you have accepted the change to the terms and conditions, unless you
notify us to the contrary within seven working days of receipt by you of the
17.9 A person who is not party to a Contract shall not have any rights
under or in connection with it under the Contracts (Rights of Third Parties) Act
17.10 Contracts for the purchase of Products and/or Services by you from
us and any dispute or claim arising out of or in connection with them or their
subject matter or formation (including non-contractual disputes or claims) will be
governed by English law. Any dispute or claim arising out of or in connection
with such Contracts or their formation (including non-contractual disputes or
claims) shall be subject to the non- exclusive jurisdiction of the courts of England
It is important to us that you are completely happy with our Products and/or
Services. In the unlikely event that you wish to raise a complaint please contact
us by telephone on 07733 367195 or via email at
firstname.lastname@example.org stating your name, order reference and the
nature of your complaint.
All complaints will receive a response within two working days of receipt. It
is always our intention to resolve any problems quickly and amicably to your
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