Terms and Conditions
These term and conditions apply to all transactions on the SilverAppleWood web site. By placing an order with us you will be deemed to have read, understood and agreed to these Terms and Conditions. If you need any clarification on anything within these Terms and Conditions then please contact us at sales(at)silverapplewood.co.uk prior to placing an order.
Nothing in these conditions affects your statutory rights as a consumer.
Terms and Conditions
These terms & conditions (the “Terms”) set out:
1. the basis on which you can visit and use our website at www.silverapplewood.co.uk (the “Website”); and
2. the terms and conditions which apply to your purchase of furniture, accessories and other goods
(“Goods”) from SilverAppleWood; and The Website and Goods are provided by SilverAppleWood, at Ashtree Farm, Main Rd, Langrick, Lincolnshire, PE22 7AW (“we”, “us”, “our”, “SilverAppleWood”). When we refer to “you” and “your” we mean the user of the Website, the purchaser of Goods (whether or not the purchase transaction is completed) and as relevant to the context.
The Terms contain the following sections:
Part 1 – SiverAppleWood Website Terms & Conditions of Use
Part 2 – SilverAppleWood Terms & Conditions of Sale
Part 3 – General Terms Relating to Our Relationship With You
We reserve the right to amend these Terms from time to time without notice. Any such change in Terms will be effective to all new orders once included in the text of these Terms and published on the Website. You should check the Terms posted on the Website periodically to ensure that you are aware of and comply with the current version.
The definitions and rules of interpretation set out below apply to these Terms.
“Business Day” means a day (other than a Saturday or a Sunday) on which banks are open in London.“UK Mainland” means those parts of England, Scotland and Wales that are accessible from London without crossing water. The use of the word ‘including’, the phrase ‘in particular’, and equivalent expressions is only intended to illustrate particular examples. Their use, and the use of such examples, is not intended to limit in any way whatsoever the interpretation or construction of these Terms or any other words in these Terms. A party’s obligation not to do something includes an obligation not to permit it or authorise it.A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it. Words in the singular include the plural and in the plural include the singular. Condition headings do not affect the interpretation of these Terms. Any obligation to notify SilverAppleWood should be undertaken as soon as possible, by emailing us at sales(at)silverapplewood.co.uk and quoting your order number, or alternatively by post to: Customer Services, SilverAppleWood, Ashtree Farm, Main Rd, Langrick, Boston, PE22 7AW.
Part 1 – SilverAppleWood Website Terms & Conditions of Use
This ‘Part 1 – SilverAppleWood Website Terms and Conditions of Use’ and ‘Part 3 – General Terms Relating to Our Relationship With You’ (collectively the “Website Terms”) together form a legally binding contract between us and you. Your acceptance of the Website Terms is given when you use the Website.
1.1. We provide the materials contained on the Website as a service to our customers and prospective customers. By accessing the Website and any of its pages, you indicate your acknowledgement and acceptance of the Website Terms as set forth herein without limitation or qualification.
1.2. The Website uses and contains copyright material, trade names and marks and other proprietary information, including but not limited to text, images, photos and graphics, software, databases, videos, music and sound (“Content”). The Content is protected by intellectual property law including, but not limited to copyright law, registered and unregistered trademarks, database rights and other intellectual property rights. SilverAppleWood, its licensors or authorised contributors own the copyright, database right and other intellectual property rights in the selection, coordination, arrangement and enhancement of such Content, as well as in the Content original to it. All such intellectual property will remain the property of SilverAppleWood or any relevant third party as the case may be.
1.3. You may not modify, publish, print, copy, download, reproduce, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content in whole or in part except as provided in these Website Terms.
1.4. You may download information from the Website for your own personal, non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, re-transmission, publication or commercial exploitation of downloaded material will be permitted without our express permission or that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material. The information and materials contained on the Website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, printed, posted, reproduced, used, sold, transmitted, used to create a derivative work or otherwise used for commercial or public purposes without our prior written consent.
1.5. The Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Certain images and information on the Website are the copyright or trademark of third parties and any use is subject to the terms and conditions of such third parties.
1.6. The material on this Website is not intended for children under 18 years of age.
1.7. You agree to use the Website for lawful purposes only and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by, any other party.
1.8. We do not warrant or represent that use of materials displayed on the Website will not infringe rights of third parties.
1.9. We endeavour to maintain the accuracy of the Website but no warranties or representations are given as to the accuracy, correctness or reliability of the Website or otherwise. We have taken every care in the preparation of the content of the Website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. We make every effort to display the colour of the products as accurately as possible, but as colour reproduction depends on your computer’s monitor we cannot guarantee that your monitor’s display of the colour is accurate to the actual product.
1.10. We make every effort to ensure that the Website is free from defects or viruses. However, due to the nature of the internet we cannot guarantee that your use of the Website won’t affect your computer. In no event shall we or any other person involved in the creation, production or delivery of the Website be liable for any punitive, special, direct, indirect, exemplary, incidental or consequential damages or any damages whatsoever, including but not limited to loss of use, data or profits, or disruption or damage to your computer or other equipment without regard to the form of any action, including but not limited to contract and tort actions (including libel), arising out of or
in connection with the access, use, browsing, copying or display of, or the interaction, or any other form of communication with the Website and the information contained on the Website (including via computer viruses or any other form of software).
1.11. Some of the websites listed as links herein are not under our control, but rather are exclusively controlled by third parties. Accordingly, we make no representations whatsoever concerning such websites. Although we may provide a link to a third party, such a link is not an authorisation, endorsement, sponsorship or affiliation by us with respect to such website, its owners or its providers. We are providing these links only as a convenience to you. We have not tested any information, products or software found on such websites and therefore cannot make any representations whatsoever with respect thereto. It is up to you to take precautions to ensure that whatever you select is free of such items as viruses, worms, trojan horses and other items of a destructive nature. In no event will we be liable to any party for any direct, indirect, special or other consequential damages for any use of the Website, or on any other hyper-linked website, including, without limitation, any lost profits, business interruption, loss of programmes or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.
1.12. We reserve the right to change the Website from time to time without notice.
Part 2 – SilverAppleWood Terms & Conditions of Sale
This ‘Part 2 – SilverAppleWood Terms and Conditions of Sale’ and ‘Part 3 – General Terms
Relating to Our Relationship With You’ (collectively the “Terms of Sale”) together form a legally binding contract between us and you. The contract is formed upon issue of your Sales Order Acknowledgement. Your Order goes into process as soon as the Sales Order Acknowledgement has been confirmed and whether your Goods are to a SilverAppleWood specification or Custom Made Goods, the process of allocating or ordering materials to create your Goods begins immediately. We ask you to choose carefully, match your colours where necessary and measure any areas you think
may be a problem prior to placing your Order.
1. The following definitions apply to these Terms of Sale:
1.1. Commercial Order: an order for Goods which are for non-domestic use and/or where the purchaser is a business.
1.2. Custom Made Goods (or ‘Specials’): bespoke Goods i.e. Item not a standard offer within our current portfolio.
1.3. Order (or ‘Sales Order’): your offer to purchase Goods from us.
1.4. Clearance Goods: Goods purchased from the ‘Clearance’ section on the Website or any other SilverAppleWood outlet which may operate from time to time.
1.5. Sales Order Acknowledgement (“SOA”): The document entitled ‘Sales Order
Acknowledgement’ which confirms that we have accepted your Order, subject to the details enclosed within.
2. Basis of Sale
2.1. We shall sell and you shall purchase the Goods in line with any SOA. Your confirmation of the SOA details is given upon receipt of the SOA unless you notify us otherwise within 7 days of the SOA issue date. See clause 3.2 below.
2.2. Any typographical, clerical or other error or omission in any sales or marketing literature, quotation, price list, SOA, invoice or other document or information issued by us shall be subject to correction at our discretion without any liability on our part. This includes but is not limited to errors in the calculation of a discounted price. We shall have the right without any liability whatsoever to refuse or cancel any Order or SOA that states an incorrect price. We shall have the right to refuse or cancel any such Order whether or not the Order has been confirmed and you have paid in part or in full. If a payment has already been made for a cancelled Order then we shall issue a refund of the amount paid. This does not affect your statutory rights.
2.3. All advice or recommendation provided by us or our employees as to the care, maintenance or use of the Goods which is not confirmed in writing by SilverAppleWood followed or acted upon entirely at your own risk. Consequently, we will not be liable for any such unconfirmed advice or recommendation.
3. Orders and Specifications
3.1. All items displayed or promoted as being available for sale are subject to availability.
3.2. Responsibility lies exclusively with you for ensuring the accuracy of the details of any SOA (including but not limited to your contact details, delivery address, description and quantity of Goods) and for giving us any necessary information within a sufficient time to enable us to successfully deliver the Goods to you.
3.3. All drawings, descriptions, illustrations, samples, weights and dimensions provided on the Website, or on other marketing materials are approximate and intended for general guidance purposes only and their accuracy cannot be warranted by SilverAppleWood. Photographs are for illustrative purpose only, and may not exactly match the product itself. Notwithstanding any pending Orders, we reserve the right to alter sizes, specifications and to make any changes or discontinuations to our products and product ranges without prior notice.
3.4. All goods are sold subject to natural variations in colour, markings and texture, such as in grains, knots, natural discolourations in the wood - these are not defects and will not be treated as such.
3.5. All Commercial Orders and Orders for Custom Made Goods must be specified in writing and are subject to our express acceptance. With respect to Custom Made Goods produced according to your specifications, your submission of any design specifications to us shall constitute an assignment to us of all worldwide rights, titles, and interests in all copyrights, design rights and other intellectual property rights in the specifications and furthermore you shall defend us at your expense and pay all costs and damages of any kind (including our legal fees) incurred by us as the result of any suit or other legal proceeding against us for infringement of any patent, trademarks, copyrights, design rights or other rights by reason of use of such specifications, provided we promptly notify you of such claim of, or suit for, infringement and tender the defence thereof to you. Additionally, at our option, we may be separately represented in any such suit at our own
4. Price of Goods
4.1. The price as stated on the SOA is the set price for the Goods. Any product prices shown on the Website are UK retail prices. They do not include any delivery charges. Any promotions, discounts or special offers displayed will only be applicable for orders placed at the time of such display.
5.1 The Company's terms are that payment will be taken in full at the time of the order.
5.2. You must pay by credit, charge or debit card at the time of order. The price of any product is the price in force at the date and time of your order. You undertake that all details provided by you on our website will be correct; that the credit, charge or debit card which you use is your own and that there are sufficient funds to cover the cost of any products.
5.3. We reserve the right to obtain validation of your credit charge or debit card details before accepting your order.
5.4. For all Orders, Goods will not be dispatched until full payment has been received.
6. Cancellation of an Order
6.1. Cancellation by you, prior to delivery:-
6.1.1. In the event that you wish to cancel an Order in full or in part then you should notify us as soon as possible.
6.1.2. In the case of Custom Made Goods or a Commercial Order you will not have the right to cancel the Order once the SOA has been confirmed. If you do wish to cancel all or part of an Order for Custom Made Goods or a Commercial Order at any time after SOA confirmation then you will remain liable to pay for the Goods in full.
6.2. Cancellation by SilverAppleWood: we reserve the right to cancel your Order (in full or in part) at any time due to any reason whatsoever including but not limited to the discontinuation of Goods or an inability to source the materials to make your Order within a reasonable time. We will notify you via the contact details provided on the SOA. Any payments made for such cancelled Goods will be refunded. SilverAppleWood will not be obliged to offer any compensation.
7. Delivery & Acceptance
7.1. Delivery of the Goods occurs when we have delivered the Goods to the delivery address as stated on the SOA.
7.2. All items are hand made to order - as such, we will usually require up to 10 working days to make and dispatch orders. Delivery will be made within 5 working days of the dispatch date (exceptions inc. delays outside our control).
7.3 Your goods will be delivered by via a third party carrier. We will notify you of such in advance – these deliveries will require a signature on delivery.
7.4. It is your responsibility to:
a) advise at the time of Order if there are any vehicle size or access restrictions which may affect the delivery.
7.7. We will use reasonable endeavours to complete delivery on or before any delivery dates which you have requested or we have estimated at the time of placing the Order. If no dates are so specified, delivery shall be within a reasonable time. Any dates that we specify for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. We shall not be liable for any delay in delivery of the Goods howsoever caused. We will not be obliged to offer any compensation for disappointment suffered. Goods may be delivered in advance of the stated delivery date.
7.8. You are responsible for ensuring that (i) you provide adequate delivery instructions, and (ii) appropriate access is available to the delivery company, and (iii) you, or a responsible adult on your behalf, are present to accept the delivery. If you are the cause of a failed delivery attempt, either due to failure on your responsibilities above or for any other reason whatsoever, then we reserve the rights to:
7.8.1. charge you for the unsuccessful delivery attempt; and
7.8.2. charge you for the costs (including insurance) of storing the Goods until actual delivery; and
7.8.3. charge you for a re-delivery if applicable.
7.8.4. charge you for return shipping costs incurred in the case of refused deliveries (forced return)
Any charges levied under this clause 7.8 are for the provision of an extra service and are non-refundable.
7.10. Responsibility for inspecting the Goods upon delivery rests solely with you. You shall examine the Goods upon delivery and shall promptly (in any event within 7 days of delivery) notify us of any apparent damage, defect or shortages. We shall act promptly to resolve the issues.
7.11. Your failure to notify us otherwise within a reasonable time will result in you being deemed to have accepted the Goods. After acceptance you shall not be entitled to reject Goods in return for a refund, although you may be entitled to a repair or replacement of Goods in accordance with clause
8. SilverAppleWood Returns Policy, Exchanges & Amendments to Orders, Faulty Goods, Refunds
8.1.Refunds and returns are by prior agreement only except for sales covered by the Distance Selling Regulations.
8.2.Faulty Goods which do not conform to the contract may be returned prior to acceptance for a full refund. Following acceptance, if you do find a fault within your Goods we request that within 7 days of such discovery you provide notification to us with a description of the fault including photos if possible and that you cease using the Goods. We shall act promptly to resolve the issue in accordance with your statutory rights, however please note that we shall not be liable if you continue to use the Goods or if you attempt to alter or repair the Goods without our written consent.
There are no circumstances in which you can reject the Goods on the basis of defects or failures which are so slight that your rejection would be unreasonable.
8.3.Goods must be returned in the same condition as delivered to you and must not be used. For the avoidance of doubt, any free gifts issued with the returned Goods are also to be returned. The Distance Selling Regulations require that you take reasonable care of any item that you might wish to return. You, as the buyer, have a duty of care for the product whilst it is in your possession. You are the owner of the Goods once delivered to you and you are liable for any loss or damage. Failure to take reasonable care may result in a claim against you. To minimise the risk of any such claim we ask that you cover the Goods to protect from any damage, retain the original packing where applicable and use this when returning the Goods.
8.4. No refunds or exchanges will be given on Custom Made Goods or Commercial Orders unless there is a manufacturing defect or the Goods are not as specified on the SOA. We reserve the right, if deemed necessary, to alter the design without prior notice given that it will not impact on the performance of the goods.
8.5. No refunds or exchanges will be given on Clearance Goods.
8.6. Goods will be exchanged without incurring a collection/delivery charge except in the event that (i) you collected the original Goods but require collection/delivery for the exchange in which case a delivery charge will apply; or (ii) you received free delivery for the original Goods in which case a delivery charge will apply for the exchange of Goods. Your original delivery charge will not be refunded. Delivery/collection charges will apply for subsequent returns and exchanges.
8.7. If you wish to add Goods to an existing Order then SilverAppleWood will use reasonable endeavours to fulfil your request. Such additional Goods are not subject to the same promotional offers as the original Goods unless the promotion is still active. Any excess payment due must be made prior to delivery of the additional Goods and extra delivery charges will not apply where:
a. the supply of such additional Goods can be included within a delivery for the original Order, whether scheduled or not, without causing any delay, complications or extra costs (at our own discretion).
b. such additional Goods can be included within a collection or exchange visit for the original Order, whether scheduled or not, without causing any delay or complications or extra costs (at our own discretion). In this case any subsequent return or exchange of such additional Goods shall incur a collection charge.
8.8. If you wish to add Goods to an existing Order and, despite reasonable endeavours to fulfil your request, SilverAppleWood are unable to deliver the additional Goods within an existing/planned visit then the additional Goods will be treated as a new Order and a delivery charge may apply as normal.
8.9. The contract is based upon the Goods being located at the delivery address as stated on the SOA. In the event of the location changing at any time then we reserve the right to charge you for any excess in costs reasonably incurred by us as a direct result of such change in location of the Goods, whatever the reason including but not limited to collections or service visits in the event of faulty Goods.
8.10. Any refunds will be made as soon as reasonably possible after agreement by SilverAppleWood to make the refund and in any case within 30 days at the latest. Refunds of payment or deposits for Goods will be given at the value paid (using the same payment method as used for the payment) minus any charges levied in accordance with these Terms.
9. Risk and Retention of Title
9.1. Ownership (“Title”) of all Goods shall remain with SilverAppleWood until both (i) full payment has been received and (ii) the goods have been either collected or successfully delivered.
9.2. Risk in Goods (including damage & loss) shall pass to you at the time when you collect the Goods or when we deliver the Goods or, if you wrongfully fail to take delivery of the Goods, at the time when we have tendered delivery of the Goods.
10.1. Your Goods are guaranteed such that should any structural or manufacturing fault occur during the guarantee period then we will either repair or replace (at our own discretion) the faulty items free of charge, subject to the terms and conditions set out in this clause 10.
10.2. The guarantee applies to UK Mainland only.
10.3. We shall have no liability whatsoever in respect of this guarantee if any sum owing by you to us has not been paid.
10.4. The guarantee period begins on the date of collection/delivery and is for 12 months.
10.5 Guarantee Exclusions:
a) Your Goods are guaranteed for normal domestic use, and not for commercial use.
b) Your Goods require some routine maintenance. Please take care to treat your furniture like the fine product it is. Proper care and use are essential to preserving your rights under this guarantee. We will not replace or repair your furniture if improper maintenance or improper use causes damage. This guarantee does not apply if your product is damaged by the use of detergents, abrasives or other harsh cleaning agents.
c) Wood has certain natural characteristics such as shrinkage, swelling, hairline cracks, minimal knots, and minor movement due to changes in temperature and humidity. These may appear and disappear with the changing weather conditions. This will not affect the durability, serviceability or lifespan of your furniture and normal movement within wood is completely normal. These natural movements are not a structural defect and are therefore not covered under this guarantee.
d) Fair wear and tear in normal domestic use is excluded.
e) Keep indoor furniture out of direct sunlight. The ultraviolet rays of the sun can damage and fade wood – such damage is excluded.
f) The guarantee does not apply to Clearance Goods, Custom Made Goods and Commercial Orders.
10.6. The guarantee given by SilverAppleWood shall only apply to the original purchaser as named on the SOA paperwork. It is not transferable or assignable.
IMPORTANT: Keep your paperwork safe! When you purchase your Goods please keep your SOA paperwork safe. This will contain your Order Number, which must be quoted in order for your guarantee to be valid.
11.1 Outlet Goods are ‘sold as seen’ and are not returnable or exchangeable.
12. Domestic Use
12.1. SilverAppleWood Goods are sold for domestic use only. Any other intended use should be declared at the time of placing the Order and may be subject to alternative terms & conditions of sale. SilverAppleWood takes no responsibility for, and will not incur any liability in respect of Goods which are used for purposes other than domestic without you having informed us at the time of placing your Order.
Part 3 – General Terms Relating to our Relationship With You
This Part 3 sets out some general terms that govern our relationship with you.
1. Intellectual Property:
1.1. ‘SilverAppleWood’ and our logos are trademarks of SilverAppleWood. All other trademarks displayed on the Website and in our other marketing materials are the property of SilverAppleWood unless otherwise designated or clearly implied as belonging to third parties. Nothing contained at the Website or elsewhere shall be construed as granting by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright (except as expressly stated above) or proprietary rights of SilverAppleWood or of any third party.
1.2. Intellectual property rights including but not limited to copyright exist in all of our designs. We believe we have a duty to our customers and to ourselves to vigorously defend these rights when an infringement comes to our attention. For the avoidance of doubt, the copying of our products or the use of our designs to create a derivative work is not permitted and is an infringement of our rights by law.
1.3. You acknowledge that you have no rights in respect of any of the Intellectual Property (including but not limited to any copyright works, inventions, domain names, patents, web-rights, online rights, registered design, trademark, confidential information, know-how, show-how or other industrial or intellectual property right registered or unregistered) of SilverAppleWood in respect of any of SilverAppleWood's products or those of its suppliers (collectively the “Products”). You agree not to reproduce or cause to have reproduced any of SilverAppleWood’s Products or designs.
2. Any communications which you transmit to us by email or otherwise shall be non-confidential and non-proprietary. We welcome your comments about our Website, products, service or any aspect of our business. However, you represent and warrant to us, and accept responsibility for, the accuracy, appropriateness, and legality of the messages. You warrant that you own or are authorised to use the copyright and other intellectual property rights in written material, photographs or any other material that you provide to us. Note that any comments, feedback, notes, messages, ideas,
FOR THIS REASON, WE ASK THAT YOU DO NOT SEND US ANY COMMENTS THAT YOU DO NOT WISH TO ASSIGN TO US, INCLUDING ANY CONFIDENTIAL
INFORMATION OR ANY ORIGINAL CREATIVE MATERIALS SUCH AS STORIES,
PRODUCT IDEAS, COMPUTER CODE OR ORIGINAL ARTWORK.
3. We accept no responsibility for any off-Website pages or any other sites whether linked or not to the Website including but not limited to the developing, manufacturing and marketing of products using such information.
5. SilverAppleWood is compliant with the Data Protection Act. Our policy is such that we will not pass on your personal details to any third party without your prior consent.
6. In the event of a recommendation or endorsement made by SilverAppleWood then such recommendation or endorsement is the personal opinion of certain SilverAppleWood employees and SilverAppleWood takes no responsibility for, and will not incur any liability in respect of such recommendation or endorsement. The use of such a recommendation or endorsement is entirely at your own risk.
7. You may not assign your rights and obligations under these Terms either in whole or in part. However, SilverAppleWood may assign its rights and obligations under these Terms either in whole or in part.
8. No third parties shall have rights to enforce any part of the Terms under the Contracts (Rights of Third Parties) Act 1999.
9. Variations to these Terms shall only be binding where they have been agreed in writing by us.
10. We will not be responsible for the performance of any obligations under these Terms in the case of an event outside of our reasonable control (force majeure), including but not limited to strikes, lockouts, failures of third party systems or networks, acts of god, fire, earthquake, storm, flood or other natural disaster, civil unrest, acts of terrorism, deliberate sabotage of or malicious damage to equipment or data or for damage to or destruction of premises or equipment.
11. No delay or failure by us in enforcing any provision of the Terms shall constitute a waiver of that provision or any other provision. No waiver by us of any breach of the Terms shall be considered as a waiver of any subsequent breach of the same or any other provision. No waiver by us shall be effective unless in writing.
12. If any provision of these Terms is held by any competent authority to be invalid or
unenforceable, in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
13. Except where expressly stated otherwise, references to any statute, legislation, code of practice or other regulation includes any amendment, modification or re-enactment and instruments and regulations under it in force from time to time.
14. Your statutory rights are not affected by these Terms.
15. These Terms and the Website are governed by English law and the English courts shall have exclusive jurisdiction in respect of the same.