1. DEFINITIONS

Please read the following terms and conditions of sale carefully before ordering. By accessing, viewing and/or using our web site or by purchasing goods from us either via the web site or any other medium, you agree to be legally bound by these terms & conditions.

The following words shall mean: ‘Buyer’ and ‘You’, the Customer and/or Web Site User. Where as ‘Seller’, ‘We’, ‘Our’, ‘Their’ and ‘Us’, shall mean Leah Van Meyer Ltd., trading as The Real Wood Workshop, with company registration number 09477605 and VAT registration number GB264350316.

Therefore, unless otherwise advised, for any questions about these terms and conditions, please contact us.

 

  1. APPLICATION OF TERMS

2.1. The Contract shall be on these Conditions to the exclusion of any other terms and conditions.

2.2. Any order for Goods from the Buyer shall be deemed to have been an offer to purchase subject to these Conditions.

2.3. No terms or conditions endorsed upon, delivered with or contained in any other seller’s purchase order, confirmation of order, specification or other document shall form part of the Contract.

2.4. No order placed by the Buyer will be deemed accepted by the Seller until it has sent to the Buyer an email acknowledgement and acceptance of the order. Upon the Seller sending the acknowledgement and acceptance of the order, the Seller and the Buyer will have a binding contract between them.

2.5. The Buyer warrants that all the details in the order are complete and accurate.

2.6. The Buyer must ensure that when providing Personal Information and/or Business Information, it is accurate and complete and that all ordering and registration details (where applicable) contain their correct name, address and other necessary details to facilitate communication and sales by the Seller.

2.7. These Conditions shall apply to the sale of all Goods. Save as has been specifically provided for, any representations relating to the Goods shall not be effective unless expressly agreed in writing and signed by both the Seller and the Buyer.

 

  1. USE OF THE WEB SITE

3.1. Anyone who makes attempts to interfere with the proper working of our website(s) and, in particular, to circumvent security, tamper with, ‘hack’ into, or otherwise disrupt any computer system, server, web site, router or any other Internet connected device associated with web site(s) owned and/or operated by the Seller, will be prosecuted to the fullest extent of the law.

3.2. The web site user(s) are responsible for ensuring that their devices meet all relevant specifications necessary to view and use website(s) owned and/or operated by the Seller. Users also understand that, while all reasonable endeavours to prevent such difficulties are made by the Seller, no guarantee or warranty is made that any material available for viewing and/or downloading from our website(s) will be free from infection, viruses and/or other code that has contaminating or destructive properties. The user is responsible for implementing sufficient procedures and virus checks to satisfy requirements for the accuracy and protection of data input and output.

 

  1. THE GOODS

4.1. The Buyer acknowledges that they have entered into the Contract as a result of their knowledge of the Goods based upon any images and/or description given by the Seller.

4.2. A Contract for the sale of product(s) ordered from the Seller is only created upon a confirmation of the order being sent to the Buyer via email using the email address submitted in the ordering process, irrespective of whether or not the Buyer receives the email.

4.3. The Seller will not be legally bound by any type of errors on their website(s) or other promotional materials.

4.4. Orders are subject to availability. When there is more than one item on order, the Seller will send out products only when all items within the order become available. In situations where the Buyer requires one of their ordered items urgently, the Seller will endeavour to send the available item immediately, forwarding the remaining products as soon as they become available. This is undertaken at the Seller’s discretion. The Seller will make every effort to inform the Buyer if this situation occurs.

4.5. All photographs, graphics, descriptive matter, specifications and advertising issued by the Seller are issued or published for the sole purpose of giving an approximate idea of the Goods described in them and shall not form part of the Contract.

4.6. The Seller shall not be liable for any loss (including any loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the making and/or delivery of Goods.

 

  1. TITLE AND RISK

5.1. Title and ownership to the Goods shall not pass from the Seller to the Buyer until the Seller has received the Price in full together with all other sums payable by the Buyer to the Seller, and has authorised such a payment.

5.2. Once the goods have been received by the Buyer, either as a ‘signed for’ consignment, or confirmed as delivered by the Seller’s chosen courier, or are deemed delivered as part of the expected delivery schedule of the Seller’s chosen courier, they shall be at the risk of the Buyer.

 

  1. ORDERING AND PAYMENT

6.1. If the Buyer has been granted a credit account, and fails to pay an invoice for an order by the due date, and without prejudice to any rights of the Seller, the Buyer shall:

6.1.1. Forfeit any discount given in that invoice or in any other way agreed.

6.1.2. Make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, abatement or otherwise unless it has a valid court order requiring an amount equal to such deduction to be paid.

6.1.3. Ensure that credit and debit cards are charged before items are dispatched by the Seller.

6.1.4. Understand that until the Seller is in possession of cleared funds, the Buyer shall not be deemed to have made a payment.

6.1.5. Understand that if payment is not made as required, the Seller may terminate the Contract.

6.2. It is a crime to use fraudulent name(s) and details, a known invalid credit or debit card, stolen credit or debit cards or payment accounts, or credit or debit cards or payment accounts not in the Buyer’s own name. Anyone caught willfully engaged in such acts will be prosecuted to the fullest extent of the law.

6.3. Sophisticated practices are employed by the Seller to authorise, track and archive every order placed and payment made. The Seller reserves the right to keep a detailed record of each order and payment received and will use this information in a court of law if required.

6.4. All online payments are made by credit or debit card, or an authorized payment platform, at the time of the order. All card payments are processed by the Seller through their centralised payment processing area on their secure web site https://www.realwoodwork.shop, with the following considerations:

  • Card details are encrypted using 128-bit encrypted SSL (“Secure Sockets Layer”) for maximum security
  • All card transactions are handled on behalf of the Seller through Stripe, a specialist online payment processor, which is Level 1 PCI-DSS compliant
  • Stripe employs the latest industry standard encryption technology to keep customers’ personal information safe
  • Stripe guards and transacts payment onto the Seller’s acquiring bank, using advanced verification and anti-fraud technology

For more information on the stripe security system please visit their web site: https://www.stripe.com.

6.5. The Seller is entitled to refuse any order placed by the Buyer. If the Buyer’s order is accepted, the Seller will confirm the order to the Buyer via email as detailed in 4.2.

 

  1. QUALITY

7.1. If the Seller is not the manufacturer of the Goods, it shall transfer the benefit of any warranty or guarantee that it has been given by the manufacturer.

 

  1. LIMITATION OF LIABILITY

8.1. The Seller shall not have any liability to the Buyer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Contract. This includes financial loss, personal injury, sickness and death.

8.2. The Seller shall not be liable for any defect arising from any design or specification provided or made by the Seller. Nor will it be liable if any adjustments, alterations or other work which has been done to the Goods by any person except the Seller or its authorised agent(s).

8.3. TO THE FULLEST EXTENT PERMITTED BY LAW THE SELLER IS PROVIDING THIS WEB SITE ON AN ‘AS IS’ BASIS AND MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB SITE OR ITS CONTENTS. THE SELLER RESERVES THE RIGHTS TO CHANGE ANY INFORMATION, PRICE OR CONTENT AND IMPROVE THE WEB SITE AT ANY TIME WITHOUT NOTICE.

8.4. Website(s) owned and operated by the Seller may provide hypertext links to other web sites which are not under their jurisdiction. Using such a link means that you are leaving site(s) owned and/or operated by the Seller. No responsibility, warranty, guarantee or representations in respect of linked websites can be taken by the Seller.

8.5. The Seller cannot guarantee that their website(s) will operate continuously or without interruption or be error free and can accept no liability if unavailable.

8.6. The Seller ensures that any Goods lost in transit will be replaced to the value of that item at no extra charge to the Buyer, provided that the Buyer informs the Seller within seven working days from the time that the Goods were scheduled to arrive and the Seller confirms this with the relevant courier. If Goods have been damaged in transit, the Buyer must notify the Seller by email to [email protected] within one working day from when the items were received. All goods damaged in transit will be replaced or refunded at no extra charge to the Buyer provided, where feasible, that original parts of the Goods are returned to the Seller, together with all original boxing and relevant receipts and documentation.

8.7. If the Seller become liable to the Buyer for any reason, their liability will be limited to the amount paid by the Buyer for the Order concerned.

8.8. All prices are correct at time of publication. Prices are subject to change.

8.9. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by sections 12, 13, 14 or 15 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.

 

  1. RETURNS & CANCELLATIONS

9.1. Where the Buyer requires a refund or exchange for Goods that have been received by the Buyer, these Goods must be returned by the Buyer, at the Buyer’s cost, see 9.2

The Buyer must return Goods requiring a refund or exchange, in-time to ensure Goods are received by the Seller within a maximum of 15 days, commencing from the day Goods are deemed received by the Buyer (in accordance with the stipulated delivery window of the courier used for the shipment).

When cancelling an order or returning Goods, the Buyer must send notification via email to [email protected]. Notification must be received prior to the return of the items or for cancellations, within 2 working days of the order being placed. Failure to send notification within this timeframe may result in administrative fees being deducted from any refunds provided to the Buyer. The Buyer must state the following details in their notification:

  • Customer’s name and contact details
  • Order reference
  • Intended return postage method (for returns)
  • Product codes for each item returned/cancelled
  • Reasons for return/cancellation (per item)

9.2. The Buyer must return the Goods to the Seller at the Buyer’s cost, in pristine condition, unused, with all original packaging, documentation and a covering note (being a copy of the correspondence requested in 9.1). Goods returned remain the responsibility of the Buyer until they have been confirmed as received by the Seller; it is therefore advised that all returns be insured in transit for the full amount stated on the original invoice, and a trackable return service used.

9.3. The Seller will not accept returned Goods that have been altered (or damaged) in any way other than by the Seller and its associated companies. The Seller reserves the right to delay crediting the Buyer until the authenticity and salability of any returned Goods is confirmed.

9.4. When the Seller receives instruction that the Buyer wishes to withdraw from the contract in accordance with these terms, any sum received by the Seller from the Buyer’s chosen method of payment will be credited to the Buyer, minus any other exceptional costs applicable. The Seller will credit the Buyer providing the Goods are found in the conditions as detailed in 9.2.

9.6. In the event that the Seller is unable to supply the Goods, it shall forthwith inform the Buyer of this. If the Seller cannot meet the Buyer’s requirements through another product, the Contract will be deemed to be cancelled. Should the contract be cancelled by the Seller after payment has been taken from the Buyer but no Goods have been sent, the Seller will refund the Buyer the full amount minus any other exceptional costs applicable.

9.7. If the Buyer fails to return the Goods to the Seller under clauses 9.2 & 9.3. and should the Seller incur costs in recovering the Goods from the Buyer, the Buyer shall be responsible for the costs incurred. The Seller reserves the right to invoice for or deduct such costs from any monies refundable to the Buyer.

9.8. In the event that the Goods are returned due to a presumed manufacturing fault then the item(s) will be quality assessed and if applicable, amended or replaced at no extra cost to the Buyer. A refund to the Buyer for return shipment will be considered upon presentation of proof of return postage costs. Should item(s) returned by the Buyer due to a presumed fault pass the Seller’s quality assessment process, and it be deemed that a reported fault has occurred due to misuse or misapplication by the Buyer, or it be deemed that the item(s) have no fault, the Seller reserves the right to refuse the Buyer issue of any refund. The Seller also reserves the right to charge the Buyer further, where the return postage cost was borne by the Seller.

9.9 In the event that the Goods are returned for an exchange to a different item (with separate product code), the Buyer is entitled to 1 (one) exchange per order (or associated order, deemed by membership details, billing and/or shipping details or other relevant connection). This exchange order will thereafter not be eligible for a refund or exchange to an alternative item.

9.11. Buyers who order multiple items within one order OR within multiple orders will be classed as ‘Trade’ Buyers at the Seller’s discretion. Trade Buyers can benefit from discounted pricing, depending on their purchase history. Trade accounts are assigned by the Seller at their discretion. Buyers who the Seller classes as a ‘Trade’ Buyer will be offered a trade account, as part of processing their order. If a deemed ‘Trade’ Buyer returns part or all of an order for refund and the Goods are found in the conditions as detailed in 9.2, the Seller will refund the Buyer less a 15% Stocking Fee as well as the costs for return carriage, where required by the Seller to arrange this.

9.12. Buyers whose order is deemed by the Seller to contain items purchased for comparative purposes and when the Buyer’s intention is to return one or more of these items or when an order (or associated order, deemed by membership details, billing and/or shipping details or other relevant connection) contains such items that are either with the same dimension (width, length or height) or are from the same family of products, as specified by style or species, the Seller may charge a re-stocking fee (starting from £5.00 per item returned), at the Seller’s discretion.

9.13. Buyers whose order contains item(s) that carry the same family of products, as specified by style or species, but an alternative dimension as item(s) refunded from a previous order (or associated order, deemed by membership details, billing and/or shipping details or other relevant connection) will be considered as item(s) that have benefited from an exchange and will therefore not be eligible for a refund or exchange to an alternative item thereafter.

 

  1. ASSIGNMENT

10.1. The Seller may sub-contract the performance of any of its obligations under the Agreement to any parent, subsidiary or associated Company. The sub-contracting shall not relieve it of any liability under the Contract unless prior notice is given and agreed to by the Buyer.

 

  1. COPYRIGHT

11.1. The contents of the web site(s) owned and/or operated by the Seller and the Goods presented herein are protected by international copyright laws and other intellectual property rights, including, where the product is branded and registered as a Trademark, as identified with an ® or ™ symbol.

11.2. All Goods, photographs, graphics, descriptive matter, specifications, advertising and company logos presented on website(s) owned and/or operated by the Seller are the trademarks, service marks or trading names of their respective owners.

11.3. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from website(s) owned and/or operated by the Seller including but not limited to text, graphics, video, messages, code and/or software without prior written consent.

 

  1. FORCE MAJEURE

If the performance of the Contract or any obligation under it is prevented, restricted, or interfered with by reason of circumstances beyond the reasonable control of the Seller and it gives notice to the Buyer, the Seller shall be excused from the performance to the extent of the prevention, restriction, or interference, but the Seller shall use its best endeavours to avoid or remove the causes of non-performance and shall continue performance under the contract.

 

  1. GENERAL

13.1. Each right or remedy that the Seller and the Buyer has under the Contract is without prejudice to any other right or remedy that may exist.

13.2. In the event that any provision of the Contract is declared by any judicial or other competent authority to be void, voidable, illegal, or otherwise unenforceable or if an indication to that effect is received by either the Buyer or the Seller from any competent authority, the Buyer and the Seller shall amend that provision in such reasonable manner as achieves the intention without illegality.

13.3. If the Seller or the Buyer:

13.3.1. Fails or delays to exercise any right or remedy, it shall not operate as a waiver of it; and

12.3.2. partially exercises any right or remedy, neither of them shall be precluded from further exercising the right, remedy or other power.

13.4. Any waiver of a breach of any provision of the Contract shall not:

13.4.1. Be deemed to be a waiver of any subsequent breach or default; and

13.4.2. affect the other terms of the Contract.

13.5. Alterations to these Terms and Conditions may occur from time to time. New versions will be posted on the Seller’s website(s), following which all use of the Seller’s website(s) will be governed by that version of the Terms and Conditions. Buyers must check the Terms and Conditions on the website(s) regularly and are required to read all Terms & Conditions prior to placing an order

13.6. This contract shall be governed by and construed in all respects in accordance with English law. In relation to any legal action or proceedings to enforce the contract or arising out of or in connection with the contract, the Buyer and the Seller irrevocably submits to the jurisdiction of the English courts and waives any objection to proceedings in the courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum.

For more information about our Terms & Conditions please contact us.