Timberlink Terms & Conditions Of Sale

These Online Terms & Conditions of Sale tell you who we are, how we will provide Goods to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. Please read these Online Terms and our Conditions of Sale carefully and make sure that you understand them, before ordering any Goods from this website. You should also print a copy of these Terms for your future reference.

Information about Us

This Website is operated by Timberlink Limited (Timberlink, we, us, our), a company registered in England and Wales under company number 1776927 and with its registered office at Sutton Road, Tern Hill, Market Drayton, Shropshire TF9 2JH. Our VAT number is 368279211.

To contact us, please see our Contact Us page.

Placing your Order & Contract Formation

You or your, mean you the customer ordering and purchasing Goods.

You must accept these Online Terms in full before your order can be placed . You must be aged 18 or over to place an order with us.

If you order Goods on behalf of a company, organisation or other entity, then you includes you and that company, organisation or other entity, and (ii) you represent and warrant that you are authorised to bind the company, organisation or other entity to our agreement (including these Terms), and that you agree to our agreement (including these Terms) on behalf of yourself and the company, organisation or other entity.

Your order is an offer to purchase from us. When you place an order with us, you do so in accordance with the terms of our agreement, subject to our acceptance of your order.  If you place an order via our Website, we will send you an email acknowledging receipt of your order, together with your order number and details of the Product(s) you have ordered.

You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order on the checkout page. Please take the time to read and check your order carefully at each stage of the process. Please make sure that you provide your correct phone number and email address when you place your order. This is essential to enable us to contact you with any questions or to update on any changes in circumstances.

Unless we have notified you that we do not accept your order or you have cancelled it in accordance with our returns policy, we accept your order placed via the Website as follows:

•  when the Goods are despatched to you or at the point the Goods are collected by you at Tern Hill (as the case may be);
• for Goods which are cut, made to measure or manufactured to your requirements, or otherwise customised or made to your specifications, we accept your order seven days after the date of your order or when we start to cut, make, manufacture those Goods, whichever is earlier;

We reserve the right to reject any order for any reason and no order will be accepted until payment is received in full for all Goods and any related delivery charges.

We reserve the right to reject or cancel an order if we suspect that you are buying Goods to resell for your own business purposes in a manner that we consider in our sole discretion could be damaging to our brand, customer offering or business.

All orders are subject to stock availability. If we are unable to supply any of the Goods that you have ordered we will inform you as soon as possible. In the event that an out-of-stock Product is part of an order and we cannot contact you, we will send what Goods we have in stock, refunding the purchase price of any unavailable Product where payment has already been made.

Goods Description and price

The description and price of the Goods you order will be as shown on the website at the time you place your order. We reserve the right to vary the price of the Goods at any time before the Contract becomes binding on us. Whilst we try to ensure that all descriptions and prices are accurate and are kept up to date, errors may occur. If we discover an error in the price or description of the Goods you have ordered, we will let you know as soon as reasonably possible. We will then offer you the option of reconfirming your order or cancelling it in exchange for a full refund. 

The price of the Goods and delivery charges are inclusive of VAT unless VAT is shown on the web page as a separate element. There is an option to switch between seeing VAT inclusive and VAT exclusive prices on the Website.

We will take reasonable steps to display as accurately as possible the colours, appearance and details of our Products in the Website images.  However, we do not guarantee that the images, appearance and details that appear on the Website will exactly reflect or match the colour, appearance or details of the physical Product. Your Products) may vary slightly from those images.

Natural products, especially timber will show considerable colour variation. To the extent permitted by law, we accept no liability associated with such variations.

Any information on the Website regarding sizes, weights, capacities, specifications, dimensions and measurements of Products is included as a guide only. If you are concerned about the precise size, weight, capacity, specifications, dimensions or measurements of any Product you require, we recommend that you contact us prior to placing an order and/or purchasing a Product.

If your order includes Products that are made according to measurements you provide us, please ensure these measurements are correct and accurate as your right of return as set out in our Cancellations & Returns Policy will not be available unless the Products are faulty or incorrectly delivered.

How to pay

You can pay for Goods ordered on our Website by debit or credit card, or by PayPal. We accept the following cards: Visa and Mastercard credit cards and Maestro, Delta and Visa Electron debit cards, However, American Express cards are NOT accepted.  Payment for Goods (including delivery charges) will be debited from your payment card (or PayPal account where relevant) at the time of placing your order. This does not mean that your order has been accepted and, if for any reason, your order is not accepted or we are unable to supply the Goods you have ordered a full refund will be issued.

If you pay for Goods using PayPal, in order to confirm your identity and ensure your PayPal account is not being used without your consent, we will validate your name, address and other personal information supplied by you during the order process against appropriate third party databases. By using PayPal as a payment method, you consent to these checks being made and confirm that the PayPal account being used is yours. All PayPal payments are subject to authorisation by PayPal.

Delivery

We are dedicated to getting your order delivered to you as promised and safely.  All quoted delivery dates and times are given in good faith but are estimates only. Although we will try our best to meet them, we will not be responsible if we are unable to do so. On occasion we may have to change or cancel delivery dates or times at short notice.

We will let you know if we cannot deliver your Goods within the stated timescale and will give you the option to either wait for the Goods or cancel your order and receive a full refund.

We strongly recommend that you do not book fitters or tradespersons until your order has been delivered and checked by you. We cannot be held responsible for any third-party costs or charges which you incur due to non-delivery of an order, or orders that have not been checked on delivery.

We are not able to process orders or deliver on weekends or UK Bank Holidays.

All orders will be delivered to a single address. For security reasons your first order using a credit/debit card when placed on our website or by phone will need to be delivered to the cardholder's address. Subsequent orders can then be made to an alternative address. Orders made on our website in-store do not need to be delivered to the cardholder’s address.

To minimise inconvenience we will, wherever possible, try to make one single delivery to you. This means that if your order contains a mix of Goods with different delivery lead times, the longest lead time will apply to the whole order.

All deliveries must be received and signed for by a person over the age of 18. If no-one is available to take the delivery, we will leave details at the address to rearrange delivery. We may need to make an additional handling charge for redelivery. Should no-one be available to take the redelivery we may cancel the order and refund your money, excluding any delivery charges.

We want to ensure that everything is right with your order and may take CCTV images of deliveries loaded at Tern Hill and photos of some orders on delivery. Please make sure that you carefully check your order on receipt and ideally notify our customer services team within 24 hours via telephone or email if any Goods are missing or damaged. By notifying us within this time frame it smooths the investigation process and we can organise a redelivery, replacement or collection as appropriate.

Due to insurance guidelines, our delivery personnel are unable to enter private residences. For Large and/or Bulk deliveries, delivery will be to the kerbside of the address. For all other deliveries, delivery will be to the ground floor doorstep of the delivery address. The recipient of the delivery is responsible for any additional lifting once the delivery has been completed.

Please be aware that it will be necessary to deliver most Large and/or Bulk deliveries on a flat bed truck fitted with a hydraulic crane, which can weight up to 26 tons with an approximate length of 9 metres, fitted with extending leg supports required when using the crane.

Safety is paramount, and our drivers will first do a safety check on arrival to ensure there are no issues with the ground, overhead cables, paving, gates and public access before commencing delivery. Unfortunately, if there are any safety or access issues we will not be able to complete the delivery and the driver's decision is final.  If the safety or access issues were or should have been seen to be obvious when the order was placed then the delivery charge will not be refunded. Should this occur our team will discuss with you what options are available, including refunding your order.

We use pallets to deliver some Goods. These form part of the product packaging and are non-returnable. You can reuse these pallets or alternatively dispose of them independently.

Risk of loss and damage in the Goods will pass to you on the date when the Goods are delivered or on the date on which we make our first attempt to deliver them to you.

Click & Collect Terms & Conditions

Click & Collect orders can be made at any time on our website, or via our Tern Hill site by calling 01630 638111 between 7.30am and 5pm Monday to Friday, between 8.00am and 12 noon on Saturdays.

Subject to stock availability, we will aim to ensure that Click & Collect orders are available for collection from the Tern Hill site within 2 working days of our first email confirming your order number. Please check the Tern Hill site’s trading hours. Please wait for your e-mail and/or SMS confirming your order is ready to collect.

During busy times we may not be able to have your Click & Collect order ready within 2 working days, particularly if the order is placed outside of our store trading hours. To avoid an unnecessary journey or long wait at the store, please wait for your e-mail and/or SMS confirmation that your order is ready to collect.

Once your order has been placed you will receive an email confirming your order number. A second email will be sent to confirm when your order is available for collection.

Orders will be held for 48 hours from the time we send our e-mail to confirm that your order is available for collection. If you have not collected your order within this timeframe you will be contacted by the store. We reserve the right to automatically cancel and refund any orders not collected within 5 days.

When collecting your order please ensure that you have your order confirmation email which contains the collection PIN number (either printed or on your phone), together with the payment card used to make the purchase as Timberlink reserve the right to see this card before releasing the Goods.

If third parties are collecting Goods on your behalf they must have a copy of the order confirmation email containing the collection PIN number. Timberlink reserve the right to ask to see photo ID, such as a valid photo card driving licence or passport which will be photocopied by the store before the Goods are released. Please note that Goods will not be released to non-approved collection or courier companies.

In accordance with our Cancellations & Returns Policy you can return any product (including special order Goods, but excluding made to measure Goods or bespoke Goods which you do not require to the store for a refund, provided we are advised of the proposed return within 30 days of the product being collected by you.

If you have paid by PayPal, please bring a copy of your order confirmation (either printed or on your phone), together with photographic ID, such as a valid driving licence.

If you wish for your order to be collected by a third party, they will need to bring a copy of your order confirmation (either printed or on your phone), together with photographic ID, such as a valid driving licence.

Cancellation & Returns Policy

To see this policy, please click here

Liability

If you are acting as a consumer

 

10.1 If you are acting as a consumer (which for these purposes means anyone who acts outside the course of a business, trade or profession) in your ordering and/or purchasing of Products, to the extent not prohibited by law, we accept no liability for any:

loss which is not foreseeable:

 

• loss which arises when we are not at fault or in breach of our agreement;
• business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses)

 If you are acting as a consumer, you may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations. Nothing in our agreement is intended to limit your legal rights as a consumer.

 

If you are acting as a business customer

 

If you are acting in the course of a business, trade or profession in your ordering and/or purchasing of Products (a business customer), we shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under our agreement or otherwise at our discretion and we accept no liability (whether arising in contract, tort (including negligence), for breach of statutory duty or otherwise) for any of the following losses:

 

• loss of profits, revenue, sales, income, or business
•  loss of savings;
• loss of use or production;
•  loss of goodwill;
• business interruption;
• remedial costs if the Products are damaged or defective;
• damage to property or possessions through use or misuse of the Products;
• loss caused by delay or other late performance;
• and indirect or consequential losses.

If you are acting as a business customer in your ordering and/or purchasing of Products, you acknowledge and agree that all our obligations to you are set out in our agreement and except as set out in our agreement, all other terms, warranties, representations and conditions implied by statute, common law or otherwise (including fitness for purpose) are excluded to the fullest extent permitted by law.

 

We will not be responsible to you or, if you are undertaking work for another person, to any other person, for the use or installation of any Products by you (or on your behalf). Accordingly, as a business customer, you hereby agree to hold us harmless, and indemnify us, against any liability associated with any claim or allegation that we are responsible for any failings in the installation or use of Products that we supply.

 

Liability provisions that apply whether you act as a consumer or business customer

 

Nothing in our agreement limits or excludes our liability for fraud or fraudulent misrepresentation, death or personal injury caused by our negligence or for any other liability which cannot be limited or excluded by law.  Further advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

 

Our Website may contain information and materials created and submitted by third parties, and, we exclude liability for all losses arising from any error, omission or inaccuracy in any such information and material.

Our rights to cancel

 

We may cancel our agreement by notice in writing to you if you are in breach of our agreement, you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon cancellation, any money due to us in respect of our agreement which has been cancelled shall become immediately due and payable and we shall be under no further obligation to supply Products to you, provided that where you have paid for Products in advance of our cancellation of our agreement, we shall, at our discretion, supply those Products to you or cancel the supply of those Products and refund you the price paid for those Products.

 

Events beyond our control

 

We shall have no liability to you for any failure or delay in supply or delivery, nor if performance of any of our obligations is prevented or restricted, nor for any damage or defect to Products supplied or delivered under our agreement, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, the following to the extent these are outside our reasonable control: accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).

 

Other important terms

We reserve the rights to make changes to these Terms. Any changes will be posted to the Website and will take effect immediately. You should therefore read the Terms each time you place an order with us.

Our Website and its contents and any Contract formed as a result of its use shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.

If you are not satisfied with your purchase, please contact our customer service team. Please complete our contact form , or telephone us on 01630 638111. We will try to resolve any issues that you have as quickly as possible.

© Timberlink Ltd

July 2022