THE HEADBOARD WORKSHOP LIMITED

Standard Terms and Conditions of Sale

CONTENTS

1.      THESE TERMS
2.      INFORMATION ABOUT US AND HOW TO CONTACT US
3.      OUR CONTRACT WITH YOU
4.      OUR PRODUCTS
5.      MEASUREMENTS
6.      RIGHTS TO MAKE CHANGES
7.      RISK AND TITLE
8.      PRICE AND PAYMENT
9.      DELIVERY
10.    SUSPENDING THE SUPPLY OF PRODUCTS
11.    YOUR RIGHTS TO END THE CONTRACT
12.    HOW TO END THE CONTRACT WITH US
13.    OUR RIGHTS TO END THE CONTRACT
14.    PROBLEMS WITH THE PRODUCT
15.    YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS
16.    OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
17.    OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
18.    HOW WE MAY USE YOUR PERSONAL INFORMATION
19.    GUARANTEES
20.    IMAGES
21.    THIRD PARTY RIGHTS
22.    GOVERNING LAW AND JURISDICTION 

1.  THESE TERMS

1.1 What these terms cover. These Terms and Conditions of Trading (‘Terms’) apply to all contracts between The Headboard Workshop Limited and/or our subcontractors (‘us/we/our’) and the customer (‘you/your’) in relation to all sales of our products and services.

1.2 Why you should read them. Please read these Terms carefully before you submit your Order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.

1.3 Are you a business customer or a consumer? In some areas you will have different rights under these Terms depending on whether you are a business or consumer. You are a consumer if:

• You are an individual.
• You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these Terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.

1.5 Definitions. in these conditions, the following definitions apply:

• Contract: the contract between us and you for the sale and purchase of the Goods in accordance with these Terms.
• Goods: the goods (or any part of them) set out in the Order.
• Order: your order for the Goods, as set out in your purchase order form or your written acceptance of our quotation (as the case may be).

2.  INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are THE HEADBOARD WORKSHOP LIMITED a company registered in England and Wales. Our company registration number is 07532698 and our registered office is at Unit 10-11 St David's Industrial Estate, Pengam, Blackwood, United Kingdom, NP12 3SW. Our registered VAT number is 134 2122 62.

2.2 How to contact us. You can contact us by telephoning our customer service team at 01443832056 or by writing to us at admin@theheadboardworkshop.co.uk.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.

3.  OUR CONTRACT WITH YOU

3.1 How we will accept your Order. Our acceptance of your Order will take place when we email you to accept it. If you have not heard from us by midday either by email or telephone on the next working day after you have placed your order,  acceptance of your offer will be deemed to have been made and a contract will come into existence between you and us.

3.2 If we cannot accept your Order. If we are unable to accept your Order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock; unexpected limits on our resources which we could not reasonably plan for; a credit reference we have obtained for you does not meet our minimum requirements; we have identified an error in the price or description of the product or we are unable to meet a delivery deadline you have specified.

3.3 Your order number. We will assign an order number to your Order and tell you what it is when you place your order. Your order will not be ac. It will help us if you can tell us the order number whenever you contact us about your Order.

4.  OUR PRODUCTS

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade and fillings and fabrics have different stretch and compression qualities all sizes, weights, capacities, dimensions and measurements indicated on our website have a 3% tolerance. We strongly recommend that customers take advantage of our free sample service before committing to purchase. If you do purchase an item and have not previously ordered a swatch to ensure the colour is correct, you may not return it due to the colour being not as expected.

4.2  Some of our upholstered headboards and other products are made using fabrics and timbers which may mellow with age and exposure to sunlight.

4.3  Leather products are made from natural leather and consequently they may not be completely uniform in appearance. Only the finest leather is used but it may show natural marks on the hide. Some leathers will mellow with age and exposure to sunlight and heat.

4.4 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

4.5 The requirement for additional information. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract (and clause 13.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. For these purposes a ‘reasonable time’ shall be taken to be 7 working days from the date the information is requested unless otherwise agreed, time being of the essence.

5.  MEASUREMENTS

5.1  Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us.

5.2 It is your responsibility to ensure that the furniture ordered will pass freely through any planned access into your room. In the event of our delivery team not being able to deliver your Order to your room of choice, the Goods will be left in a secure area at your home for you to arrange the necessary specialist removals at your own expense.

5.3 Ordering a valance. If you are ordering a valance, you are responsible for ensuring that you have informed us of the correct valance measurements including length width and drop height. Your valance will be manufactured to the dimensions that you give us and may not be returned for a refund if you subsequently found you have measured incorrectly.

5.4 Upholstered items. As all of our items are all uniquely handmade and upholstered to order, and all fabrics vary in thickness and stretch quality, all measurements given on the website are approximations to +/- 1cm.

6.  RIGHTS TO MAKE CHANGES

6.1 Your rights to make changes. If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract (see clause 11 - Your rights to end the Contract).

6.2 Our rights to make changes. We may make changes to the product:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

7.  RISK AND TITLE

7.1 When you own Goods. Once we have accepted your order (see clause 3.1) and we have received payment in full for those goods and any other goods that we have supplied to you, title to the Goods will pass to you.

7.2 When you become responsible for the Goods. The Goods will be your responsibility from the time we deliver the product to the address you gave to us.

8.  PRICE AND PAYMENT

8.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your Order. We take reasonable care to ensure that the price of the product advised to you is correct. However please see clause 8.3 for what happens if we discover an error in the price of the product you order.

8.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

8.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Goods provided to you.

8.4 When you must pay and how you must pay. We accept payment with Visa, Mastercard, Delta, American Express, Paypal and BACS (our account details are shown on your invoice) You must pay for the products at the time of ordering, if your payment is in parts, the final balance must be settled before we will deliver them. The transaction will be handled securely by SagePay. We do also accept cheques but your Order will not be processed until the cheque has cleared.

8.5  What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.

8.6 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these Terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law)

9.  DELIVERY

9.1 Delivery costs. The costs of delivery will be as displayed to you on our website.

9.2 When we will provide the products. During the Order process we will let you know when we will provide the products to you. We aim to get your goods to you in about 6 to 10 weeks. This may vary over holiday periods or due to fabric out of stock situations. We will inform you by contacting you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.

9.3 We are not responsible for delays outside our reasonable control. If our supply of the products is delayed by an event outside our reasonable control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.

9.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and you have not left specific instructions as to where your order should be left, we will leave you a note informing you of how to rearrange delivery.

9.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and clause 13.2 will apply.

10.  SUSPENDING THE SUPPLY OF PRODUCTS

10.1 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

(a) deal with technical problems or make minor technical changes;

(b) update the product to reflect changes in relevant laws and regulatory requirements;

(c) make changes to the product as requested by you or notified by us to you.

10.2 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 60 days in any 90 day period we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the Contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 60 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the Contract.

10.3 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to and you still do not make payment within 14  days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice. We will not charge you for the products during the period for which they are suspended.

11.  YOUR RIGHTS TO END THE CONTRACT

11.1 You can always end your Contract with us.  Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract and whether you are a consumer or business customer:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), seeclause 14 if you are a consumer and clause 15 if you are a business;

(b) If you want to end the Contract because of something we have done or have told you we are going to do, see clause 11.2;

(c) If you are a consumer and have just changed your mind about the product, see clause 11.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Goods;

11.2 Ending the Contract because of something we have done or are going to do. If you are ending a Contract for a reason set out at (a) to (d) below the Contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the product or these Terms which you do not agree to;

(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 90 days; or

(d) you have a legal right to end the Contract because of something we have done wrong.

11.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. 

11.4 When consumers do not have the right to change their minds.  Your right as a consumer to change your mind does not apply in respect of any product that we make to your specifications or that we personalise to you. This includes (without limitation) where you specify a product, including to the finish, stitching, piping, buttoning, studding, fabric mixes or upholstery. This also includes products made up in customers own material. (COM).

11.5 How long do consumers have to change their minds? If you are a consumer you have 14 days after the day you (or someone you nominate) receives the Goods, unless your Goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the Goods:

12.  HOW TO END THE CONTRACT WITH US

12.1  Tell us you want to end the Contract. To end the Contract with us, please let us know by doing one of the following: 

(a)  Phone or email. Call customer services on 01443831056 or email us at admin@theheadboardworkshop.co.uk. Please provide your name, home address, details of the Order and, where available, your phone number and email address.

(b)  Online. Complete the following form:

https:www.theheadboardworkshop.co.uk/contact-us.

12.2  Returning products after ending the Contract. If you end the Contract for any reason after products have been dispatched to you or you have received them, you must return them to us. Please call customer services on 01443832056 or email us at admin@theheadboardworkshop.co.uk to arrange collection.  If you are a consumer exercising your right to change your mind you must return the Goods within 14 days of telling us you wish to end the Contract.

12.3 When we will pay the costs of return. We will pay the costs of return:

(a) if the products are faulty or misdescribed;

or

(b) if you are ending the Contract because we have told you of an upcoming change to the product or these Terms, an error in pricing or description or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.  

12.4  What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

12.5 How we will refund you.  We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

12.6 Deductions from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:

(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

(c) Should you change your mind once your order is 'In Production', there will be a charge for fabric and materials we have already purchased on your behalf.

12.7  When your refund will be made. We will make any refunds due to you as soon as possible.  If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.

13.  OUR RIGHTS TO END THE CONTRACT

13.1 We may end the Contract if you break it. We may end the Contract for a product at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or

(c) you do not, within a reasonable time, allow us to deliver the products to you.

13.2  You must compensate us if you break the Contract. If we end the Contract in the situations set out in clause 13.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.

14.  PROBLEMS WITH THE PRODUCT

14.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01443832056 or email us at admin@theheadboardworkshop.co.uk.

14.2 Your legal rights. We are under a legal duty to supply products that are in conformity with this Contract. Nothing in these Terms will affect your statutory rights.

14.3 If a product is faulty and you wish to return it, you must do so within 30 days of purchase/delivery (whichever is the later). You will then receive a full refund. If the fault develops outside this 30-day period, then please contact our customer service team (see clause 14.1 above) to discuss the possible repair or replacement of the product.

15. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS

15.1 If you are a business customer we warrant that on delivery any products which are Goods shall:

(a) conform with their description and any relevant specification;

(b) be free from material defects in design, material and workmanship;

(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

(d) be fit for any purpose held out by us.

15.2 Subject to clause 15.3, if:

(a) you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 15.1;

(b) we are given a reasonable opportunity of examining such product; and

(c) you return such product to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

15.3 We will not be liable for a product's failure to comply with the warranty in clause 15.1 if:

(a) you make any further use of such product after giving a notice in accordance with clause 15.2;

(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;

(c) the defect arises as a result of us following any drawing, design or specification supplied by the Customer;

(d) you alter or repair the product without our written consent; or

(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

15.4  Except as provided in this clause 15, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 15.1

15.5  These Terms shall apply to any repaired or replacement products supplied by us under clause 15.2.     

16.  OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER

16.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen.

16.2  We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987

16.3  We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 17.

17.  OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS

17.1 Nothing in these Terms shall limit or exclude our liability for:

(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

(b) fraud or fraudulent misrepresentation;

(c) breach of the Terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

(d) defective products under the Consumer Protection Act 1987; or

(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.

17.2 Except to the extent expressly stated in clause 15.1 all Terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

17.3 Subject to clause 17.1:

(a) we shall not be liable to you, whether in Contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any Contract between us; and

(b) our total liability to you for all other losses arising under or in connection with any Contract between us, whether in Contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such Contract.

18.  HOW WE MAY USE YOUR PERSONAL INFORMATION

18.1 How we may use your personal information.  We will only use your personal information as set out in our Privacy Policy.

19.  GUARANTEES

19.1 All wood frame products carry a one year construction guarantee. If the frame breaks or fails, we will repair or replace, if necessary, with the same model if available or another model to the same value. Please note, this guarantee applies to frames only; the guarantee does not cover legs, leather, fabric or cushion interiors. We will arrange to repair or replace the defective or incorrect item free of charge. Should a part no longer be available, it will be replaced with a part that most closely matches it.

19.2 This guarantee does not cover wear and tear; neglect; abuse or misuse of your Goods; loss or damage due to fire, smoke, water, lightning, sunlight, weather, rusting, corrosion, theft or explosion; accidental damage or loss or damage caused by a third party.

19.3  In the event of a claim under guarantee occurring, please either email at admin@theheadboardworkshop.co.uk or call us on 01443832056 with the following information:

•             Your Order Number
•             Your contact details
•             A comprehensive summary of the problem

20.  IMAGES

20.1 We will photograph all products we build for our records. We may use those images in our Inspiration Gallery. There will be no mention of the customer’s name in the image title.

21.  THIRD PARTY RIGHTS

21.1 Nobody else has any rights under this Contract (except someone you pass your guarantee on to). This Contract is between you and us. No other person shall have any rights to enforce any of its Terms.

22.  GOVERNING LAW AND JURISDICTION

22.1 Which laws apply to this Contract and where you may bring legal proceedings if you are a consumer. These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

22.2 Which laws apply to this Contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a Contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.