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Terms and Conditions
Our Terms and Conditions are designed to make you aware of your, and our, responsibilities along with the benefits and restrictions of our products and services. Earth + Timber, www.earthandtimber.co.uk, is an online portal offering handmade Furniture, Soft Furnishings and Giftware exclusively to B2C only. We do not deal with the public. By placing an order with us you will be deemed to have read, understood and accepted these terms and conditions. By signing up for a trade account, you agree to our terms and conditions.
Back Orders
Should we run out of stock for any particular product or products, you may be required to place a back order. For back orders, delivery timelines are normally 8+ weeks. To find out the estimated delivery date, you will need to raise a support ticket on your account or email the product code number to info@earthandtimber.co.uk
Backordered products can only be canceled before they are shipped from the origin. Once production starts, cancellations are not possible, especially for on-demand or bespoke items. Regular products can be canceled before shipment.
Bespoke Orders
We will consider any bespoke products in accordance with our standard terms for the bespoke products below:
Delivery timeline is normally 8-16 weeks, though this may vary depending on the complexity of the order.
Defective Goods and Returns
Whilst we demand the best standards of build quality for our products, we accept no liability whatsoever for faults or defects occurring within commercial / contract / catering environments.
Our entire collection is made from solid wood timber and is individually hand-crafted. It is therefore reasonable for there to be some minor variations in sizes, finish, fabric, texture, colour, knots, grain pattern, timber movement, or specifications. These are an integral part of the natural occurrences of the timber along with the rustic and handmade nature of the offered products, and are, by that nature, not considered as defects.
If, for any reason, you do not appreciate the natural occurrences as part of the rustic nature of the hand-crafted product, we regret that our product portfolio might not be entirely suitable for you. We therefore recommend it to be important that you appreciate and satisfy yourself as to the variance, should it occur, as being natural, not as a defect, preferably to satisfy yourself at the outset before placing the order.
All sizes might vary by up to 5cm, although overall quality is not affected.
In the unlikely event that the Goods do not conform to these Terms, please let us know immediately after delivery and follow our Standard Operating Procedure (SOP) below:
Delivery
Subject to the availability of stock, we aim to get all orders for items in stock delivered within three working days and will inform you, using your account, about the tracking number of the shipment. If you need any further assistance, you may email us at info@earthandtimber.co.uk
Delivery of the Order shall be deemed to be completed when we deliver the Goods to you or on your behalf to your end-user.
We will take reasonable steps to deliver the order within our standard delivery window. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.
We shall have no liability to you, nor accept liability for late delivery, as these are handled by third-party courier companies.
If you fail to take delivery of the Goods as specified by us, we will invoice you for the wasted two way delivery cost and admin / handling fee, and we may then resell, or otherwise dispose of, part or all of the Goods and pay you for any excess over the price of the Goods or charge you for any shortfall below their price.
If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments unless you tell us otherwise. Delivery in instalments will not incur any additional charges.
The exact delivery address needs to be specified at the time of order booking and cannot be altered when the goods are on their way to the specified address or destination specified.
If you have specified an incorrect or an incomplete address, or you or your designated end customer fail to take delivery of the Goods as specified by us, we will invoice you for the wasted two way delivery cost and admin / handling fee, and may then resell, or otherwise dispose of, part or all of the Goods and pay you for any excess over the price of the Goods or charge you for any shortfall below their price.
In the unlikely event of traffic or congestion, arrival of your order may be delayed. We aim to keep you updated on any delays but we can’t be held accountable as such events are outside our control.
We cannot be held responsible for any delivery failure due to road closures, parking restrictions or any other reason why the delivery vehicle and driver cannot access the delivery address.
In the unlikely event of the order being lost in transit, we will refund you the value of the order. However, we cannot be held responsible and accountable for any subsequent losses. Contractual or consequential losses arising as they are your responsibility or at your risk. For added protection and peace of mind, you may wish to consider insuring the goods on your own behalf.
Due to the size of the product, there are a small number of products which will be delivered by a specialised two-man service. Delivery of these items can take 14 days to deliver because of the additional logistics considerations.
We strictly do not entertain any order queries, refund requests, or disputes made more than one (1) months after the delivery date. This is due to our logistics partners’ firm policy of not reopening cases after this period. By proceeding with your order, you agree to this condition as an integral part of our terms and conditions, with no exceptions permitted.
Force Majeure – Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
General
If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with your obligations. If we do agree to waive a default by you that will not mean or imply any subsequent default by you shall automatically be waived. No waiver by us of any of these Terms shall be effective unless expressly advised it is a waiver and we tell you so in writing.
A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
These Terms shall be governed by English law and we both agree to the exclusive jurisdiction of the English courts.
Handmade Goods
100% of our products are hand-crafted individually. Most of our products are hand-made from solid wood, and so any variation in size, colour, finish, fabric, texture, minor chip, natural grain pattern, knots, movement of timber, etc are an integral part of the way the products are naturally made and promoted. We strongly recommend you ensure that you have made yourself fully aware about the nature of our offered hand-made solid wood products to avoid any disenchantment or disappointment at a later stage. We regret we cannot treat any of the above variations as defects, as these are natural occurrences.
Limitation of Liability
Subject to the clauses as set out in this document, if either the buyer or the customer fails to comply with these Terms, neither shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
We will not be liable for any indirect or consequential loss whatsoever arising from, or in connection with the supply of defective goods, delay in delivery, non-delivery, or loss or damage to goods whilst in transit to the property of the buyer, or any third party. Further we will not be liable for any damage to property, fixtures or fittings during, or after the delivery of product to you. It is your responsibility to ensure that there is sufficient access to enable safe delivery of goods and assist the driver in off-loading.
Subject to clauses as specified on the trading terms and condition document, neither of us shall be responsible for losses that result from our failure to comply with these Terms which fall into the following categories:
Notices
All notices sent by you to us must be sent by email to info@earthandtimber.co.uk. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that the e-mail was sent to the specified e-mail address of the addressee.
Payments and Refunds
Refunds can take up to 14 working days and they will be organised against the original payment method.
We will not be held responsible for loss of money if your financial details have been changed during the course of the transaction/open order. A minimum of 30 days notice is required to make changes in your financial details.
With the onset of confirmation of Payee (CoP) by British banks, if your bank details are not validated by our bank, we will not refund the money unless you give your written consent to accept risk and responsibility in the case of a failed/wrong payment.
Any financial loss based on account of incorrect bank details or change in bank is not our responsibility.
If an invoice is outstanding, we reserve the right to offset it against deposits and/or future invoices.
Raising a card dispute fee: At Earth + Timber, we value transparency with our esteemed customers. In accordance with our payment gateway’s policy, should you choose to file a dispute with your bank or card provider and it is not ruled in your favour, a fee of £25 + VAT will be levied. This fee is in line with what our payment gateway charges us for every dispute raised, regardless of the outcome, due to the administrative fees imposed by banks. We kindly ask for your understanding as we work in tandem with our financial partners to offer you fair, seamless and secure transaction process.
Sale or Return
Goods are not sold on a ‘sale or return’ basis. We will not accept any returns unless in accordance within the terms stipulated in this contract. Should the customer have a change of mind returns will not be accepted. Drop-ship customers must understand their legal obligations before placing an order with Earth + Timber. The 14 days legal cooling off period is not applicable to us because we are a B2C only website and any such obligations must be met and fulfilled between the trade account holder and their end user / customer. We have no responsibility or liability whatsoever regarding the legal 14 days cooling off period as our agreement is clearly set out between customer (Earth + Timber) and Buyer (valid trade account holder).
In the unlikely event of the customer refusing to accept any delivery, the onus to accept the product lies with the trade account holder, including any wasted delivery charge, as well as an alternative delivery location.
Earth + Timber will not accept any liability or responsibility even if the product is returned back to us. The product will be graded as ‘junk’, with no or nominal value.
The Goods
We warrant that on delivery, the Goods shall:
Wasted Delivery Charges
In order to enhance the operational efficiency and cut down on the non-productive and administrative issues of any wasted delivery, we will levy charges for the wasted delivery which will cover the following scenarios:
Delivery Policy
As a direct-from-the-source furniture wholesaler & drop-ship supplier of quality handmade furniture to trade; we offer one of the most professional & effective delivery & logistics module for the furniture industry.
Delivery Details
* only applies to the first attempted delivery.
** Excluding extended areas
Returns Policy
Last update: January 2024
The returns policy, along with our full Terms & Conditions must be read, understood and followed to enable us to successfully process your returns claim.
Terms
These terms are also applicable to any repaired or replacement goods we ship out to you. All refunds are processed within 14 business days and for the safety and security of your account; we only refund to the original bank account details which was used against the original order.
Sale of Goods Act 1979 (SOGA) and Supply of Goods & Service Act 1982 (SOGASA)
The Sale of Goods Act 1979 has been largely repealed and replaced by The Consumer Rights Act 2015. This legislation applies to contracts between a Consumer and a business. Under the new law, a ‘consumer’ is someone who isn’t acting for the purposes of a business when they deal with the trader. This means that a business that buys goods isn’t counted as a consumer under the Consumer Rights Act. Therefore, in a B2C (B2B) transactions such protection shall not apply.
The Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 may only apply to B2C contracts in a very limited sense and in so far as the legislation has not been negatived by the terms of the contract. Such application will only apply in a case where the trade order terms are either inconsistent with the terms or fairness ruled by a court or are deemed to be so by a court under the Unfair Contract Terms Act 1977.
As a B2C partner you are bound by the terms & conditions and the exclusions as listed in the T&C’s of the company. Bear in mind that liability may be limited or excluded by the terms and conditions of a B2C contract.
Customers sometimes claim that Sale of Goods Act 1979 (SOGA) and Supply of Goods and Services Act 1982 (SOGASA) apply and we need to accept returns beyond the agreed timelines – This is not in a B2B contract.
In a B2B contract there is no automatic right to a refund except that provided for in the contract and the terms and conditions –
The below are the salient features of the above laws-
Standard Operating Procedure for Returned Items
Defective Goods and Returns
In the unlikely event that the Goods do not conform to these Terms, please let us know immediately after delivery and follow the below Standard Operating Procedure (SOP) –
Notify us no later than 2 working days from the date of received delivery *
Always quote the Product Code number & PO number
A picture of the defect must be included with your submission together with a brief explanation of the issue to enable our returns team to make a decision against your claim.
We aim to process the request and revert within 2-5 business days
If we accept your claim, we will arrange a collection of the goods on an agreed date and once we have analysed that the goods are either damaged or defected, we will offer one of the below options according to your own claim:
(a) Issue a credit note
(b) Issue a discount
(c) Provide you with a full or partial refund
(d) Replace the Goods
(e) Repair the Goods
Please find below examples and correct interpretation of return deadlines:
Delivery Day |
Notification by end of: |
Monday |
Wednesday until 23:59 hours |
Tuesday |
Thursday until 23:59 hours |
Wednesday |
Friday until 23:59 hours |
Thursday |
Monday until 23:59 hours |
Friday |
Tuesday until 23:59 hours |
Saturday |
Tuesday until 23:59 hours |
Sunday |
Tuesday until 23:59 hours |
We Do Not consider weekends and England bank holidays as working days
Summary of the 90 Days Infestation Policy from the Date of Delivery for Earth + Timber:
Earth + Timber’s 90-Day Infestation Policy:
– Covers any pest infestations within 90 days post-delivery.
– Customers should report infestations with evidence.
– Upon verification, options include a full refund, product replacement, or selection of another product of equal value.
– Earth + Timber utilises a 3-tier fumigation process for prevention.
– The policy doesn’t cover external infestations post-delivery or damages from misuse.
– Amendments to the policy are at Earth + Timber’s discretion, with update on website.
For queries, contact our customer service.
Handmade Policy Solid Wood Furniture
100% of our products are hand-crafted individually. Further, most of our products are hand-made from solid wood, hence variation in size, colour, finish, texture, natural grain pattern, knots, movement of timber, etc are an integral part of the way products are naturally made and promoted. We strongly recommend that you have made yourself fully aware about the nature of our offered hand-made solid wood products to avoid any disenchantment at a later stage. We regret we will not treat any of the above variations as defects, as these are natural occurrences.
The below attributes are considered as part and parcel of our Handmade products. This is not an exhaustive list.
Different shades of wood or finish.
Slight design difference from picture – example the carving is not exactly the same as the published picture.
Small filler marks – as long as the extent of filler does not cover a high percentage of the piece.
Dimension differences – within acceptable levels. This applies to positioning of shelf or product height etc and not just overall dimensions.
Two pieces not being exactly the same – we already state that if a customer wants to ensure exactly matching pieces they must order ‘bespoke’ products
Fabric orientation – where the pictures on fabrics are not in exactly the same locations as on the photographs
Fabric colour different to picture – down to the difficulty in colour rendition of various computers
Gap around the drawers and doors to give room for change in temperature.
In Painted and screen printed items, a minor off-touch as the entire process is manually done and is not machine generated and variations do happen due to wood surface or otherwise.
Upholstered Furniture
You may encounter variations from batch to batch hence if you are looking to pair products under similar room settings; you can opt for a bespoke order or take an informed decision about the possible variations. We regret, will NOT treat any of the above variations as defect, as these are natural occurrences.
Wasted Delivery & Collection Charges – Important Information
At Earth + Timber, we proudly offer free delivery to the UK mainland to ensure a seamless experience for our customers, eliminating minimum order restrictions and providing greater flexibility. However, while this service is complimentary to our customers, it incurs substantial costs for our business in terms of logistics, network charges, and operational resources.
In cases where a delivery attempt fails due to reasons such as an incorrect address, an unavailable recipient, or invalid contact details, it results in wasted resources and additional expenses. Similarly, if a return collection is approved but missed despite a scheduled appointment, the associated costs must be covered by the customer, as the logistics and workforce have already been allocated.
To proceed, please select the most appropriate option from the drop-down menu and continue to checkout to complete the payment. Once the payment is received, we will proceed with the necessary arrangements.
We appreciate your cooperation in ensuring smooth and efficient deliveries. If you have any questions, please feel free to reach out to our support team.
Change of Address
£30.00
Rescheduling
£20.00
Return
£45.00
Wasted
£22.00
Change of mind fulfilment orders
£45.00
Unauthorised Return-Fulfillment Orders Only
£45.00
Wasted Collection
£22.00
Cookie Policy (UK)
1. Introduction
Our website, https://www.earthandtimber.co.uk (hereinafter: “the website”) uses cookies and other related technologies (for convenience all technologies are referred to as “cookies”). Cookies are also placed by third parties we have engaged. In the document below we inform you about the use of cookies on our website.
2. What are cookies?
A cookie is a small simple file that is sent along with pages of this website and stored by your browser on the hard drive of your computer or another device. The information stored therein may be returned to our servers or to the servers of the relevant third parties during a subsequent visit.
3. What are scripts?
A script is a piece of program code that is used to make our website function properly and interactively. This code is executed on our server or on your device.
4. What is a web beacon?
A web beacon (or a pixel tag) is a small, invisible piece of text or image on a website that is used to monitor traffic on a website. In order to do this, various data about you is stored using web beacons.
5. Cookies
5.1 Technical or functional cookies
Some cookies ensure that certain parts of the website work properly and that your user preferences remain known. By placing functional cookies, we make it easier for you to visit our website. This way, you do not need to repeatedly enter the same information when visiting our website and, for example, the items remain in your shopping cart until you have paid. We may place these cookies without your consent.
5.2 Statistics cookies
We use statistics cookies to optimise the website experience for our users. With these statistics cookies we get insights in the usage of our website. We ask your permission to place statistics cookies.
6. Consent
When you visit our website for the first time, we will show you a pop-up with an explanation about cookies. As soon as you click on “Save preferences”, you consent to us using the categories of cookies and plug-ins you selected in the pop-up, as described in this Cookie Policy. You can disable the use of cookies via your browser, but please note that our website may no longer work properly.
7.1 Manage your consent settings
FunctionalAlways active
Statistics
7. Enabling/disabling and deleting cookies
You can use your internet browser to automatically or manually delete cookies. You can also specify that certain cookies may not be placed. Another option is to change the settings of your internet browser so that you receive a message each time a cookie is placed. For more information about these options, please refer to the instructions in the Help section of your browser.
Please note that our website may not work properly if all cookies are disabled. If you do delete the cookies in your browser, they will be placed again after your consent when you visit our website again.
8. Your rights with respect to personal data
You have the following rights with respect to your personal data:
You have the right to know why your personal data is needed, what will happen to it, and how long it will be retained for.
Right of access: You have the right to access your personal data that is known to us.
Right to rectification: you have the right to supplement, correct, have deleted or blocked your personal data whenever you wish.
If you give us your consent to process your data, you have the right to revoke that consent and to have your personal data deleted.
Right to transfer your data: you have the right to request all your personal data from the controller and transfer it in its entirety to another controller.
Right to object: you may object to the processing of your data. We comply with this, unless there are justified grounds for processing.
To exercise these rights, please contact us. Please refer to the contact details at the bottom of this Cookie Policy. If you have a complaint about how we handle your data, we would like to hear from you, but you also have the right to submit a complaint to the supervisory authority (the Information Commissioner’s Office (ICO)).
9. Contact details
For questions and/or comments about our Cookie Policy and this statement, please get in touch with us by using the following contact details:
Earth + Timber
Website: https://www.earthandtimber.co.uk
Email: info@earthandtimber.co.uk