Terms and Conditions

 We supply products to you under these terms and conditions so please read them carefully before you order from us. If there is a problem with them, please contact us to discuss this. 

1.We are Timber and Black Ltd (company number 13622966) and our directors are Katherine McCann and Spencer Lewis. You can contact us at hello@timberandblack.com or via the telephone numbers on our contact page.  We may use WhatsApp or other messaging services for initial contact and introductions or for complex projects that require a space to explore options. If we have to contact you, we will do so by telephone, via your postal address or via email. When we use the term ‘writing’ or ‘written’ this includes emails.   

OUR CONTRACT WITH YOU 

2. Our acceptance of your order will take place when we tell you that we are able to provide you with the product, at which point a contract will come into existence between you and us. 2.1. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified or because we are unable to deliver to your delivery location.

2.2 If we are creating a bespoke item for you, we will provide a quotation which will be valid for up to 30 days and may be withdrawn or altered by us during that period without notice.

2.3 We only sell outside of Dorset, Devon and Somerset at our discretion.

 
OUR PRODUCTS

3. The images of the products in our brochure and 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 or the printed pictures in our brochure or on our website 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, all sizes, weights, capacities, dimensions and measurements indicated on our website and in our brochure are subject to reasonable levels of tolerance. 

3.1. If we are making the product to the measurements that you have given us, you are responsible for ensuring that these measurements are correct.

3.2. The quantity and description of the products/services will be as set out in our Acceptance Confirmation.

3.3. Unless there are circumstances beyond our reasonable control, our products/services shall: 3.3.1. Conform in all material respects with their description. 3.3.2. Be of satisfactory quality and built with reasonable care and skill. 3.3.3. Be reasonably fit for any purpose we say they are fit for or for which products or services of the kind as commonly provided; and  3.3.4. Be free from any material defects in design, material and workmanship. 3.3.5. This warranty is in addition to your legal rights in relation to products and/or services which are faulty or which are not carried out with reasonable skill and care or which otherwise do not conform with these terms and conditions.

 
RIGHTS TO MAKE CHANGES

4. These terms and conditions apply to any repaired or replacement product or services we supply to you in the unlikely event that the original are faulty or do not otherwise conform with these terms and conditions.

4.1 If you wish to make a change to the product you have ordered please contact us as soon as possible. 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. We do not accept changes later than 28 days prior to an agreed delivery date.

4.2 We may make minor changes to the products, to reflect changes in relevant laws or regulatory requirements, to implement minor technical adjustments or to address a cosmetic issue.  

4.3. In addition, we may make the changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract.

PROVIDING AND DELIVERING THE PRODUCTS

5. We will construct and position the products at the property set out in the Acceptance Confirmation, or as otherwise agreed in writing by us. Please note we will only be able to provide the services at all or on time if the following conditions are met:  5.1. The base for our products must be clear of obstruction and solid, of the correct size and within 6mm of level across the whole base. The base must be at least 300mm away from any obstructions such as fences, hedges, etc. Access must be a clear, walkable route at least 700mm wide. The base must not be more than a reasonable distance from our delivery trailer so that our product can be carried to the site of installation. 5.2. We are able to provide the services to you within our normal working hours of 8am – 6pm (Monday to Friday excluding public or bank holidays in England).  5.3. We are given by you, in sufficient time, any information and instructions relating to the services that is or are necessary to enable us to provide the services in accordance with these terms and conditions. 5.4. We are given suitable access to, from and around the Assembly Site. Please notify us of any height restrictions or parking restrictions. If we need to access the site through your home, you are responsible for protecting the floors and walls of your property.  5.5. We are given access (where applicable) to adequate electricity power points.  5.6. You have obtained and maintained the appropriate licences, permissions (including but not limited to planning permissions), consents for the construction, assembly and continued situation of the products at the Assembly Site. If one or more of the above conditions are not met then we may be unable to provide the services or (in our sole discretion) agree to provide the services subject to a construction charge (to reflect the fact that in those circumstances, we will have to carry out additional work to provide the services). We accept no liability for our inability to provide the services in such circumstances.  5.7. You acknowledge and warrant to us that you are the owner of the land upon which the products are to be constructed and/or that our presence on the land, activities on the land and provision of the services on the land will not violate the rights of any third party. You will notify us of any health and safety issues and/or security issues relevant to the Assembly Site prior to us attending the Assembly Site  

5.8. A callout charge of our reasonable transport and hourly costs will be payable by you within 7 days of our notification to you that such charge is payable, in the event that we arrive at the Assembly Site with the intention of providing the services and are unable to do so because of the issues outlined in clause 5.1 to 5.7. above.  

5.9. We only supply the products and/or services for domestic and private use. 

5.10. If you will be using your own electrician during installation then the electrician must be available for the whole of the installation. Alternatively, if you require your own electrician and do not wish them to be present for the whole installation then electrics can be surface mounted at any time after our product installation. 

5.11. Our products are made to order so our manufacturing and delivery lead times vary throughout the year depending on demand. The lead times range mainly between 4 - 20 weeks from the point of order. As soon as reasonably possible we will contact you to agree a delivery timeframe. If despite our best endeavours we are unable for any reason to fulfil any delivery or performance by a specified date, we will not be deemed to be in breach of the contract. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.  

5.12. If our supply of the products is delayed by an event outside our 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, but if there is a risk of substantial delay of longer than twelve weeks you may contact us to end the contract and receive a refund for any products you have paid for but not received. Events outside our control include but are not limited to: Strikes, lock-outs or other industrial action; Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster; Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; Failure of machinery, sub-contractors or suppliers; Impossibility of the use of public or private telecommunications networks; The acts, decrees, legislation, regulations or restrictions of any government.  

5.13. Our performance under any contract is deemed to be suspended for the period that the event continues, and we will have an extension of time for performance for the duration of that period. If the build is taking place on site, and if heavy rain delays the build, we will need to add two days to the build for every day of rain, due to the effect of water on timbers. We will try (without having to spend any money) to bring the event to a close or to find a solution by which our obligations under the contract may be performed despite the event. If we are delayed by any of the reasons above, we will recommence our services strictly in the order that the original booking was made.  

5.14. From time to time, severe weather conditions (heavy snow, strong winds, continual heavy rain, storms) may occur which may mean that we are unable to deliver and install your product. We will act as quickly as we are able to inform you and to reschedule the delivery and installation of the product as soon as is reasonably practicable. 

5.14.i. Your build or installation may be delayed by previous bad weather, as builds ahead of yours may have been delayed.

5.15. We require you to be present when we arrive to install the product. Once the installation team or builder is settled then you may choose to leave. However, we require the person whose name appears on the invoice to be present on completion of the installation as part of our sign-off procedure. Once the build/product has been inspected the contract is deemed to be fulfilled.

5.16. Once a delivery date is agreed it cannot be changed. If you opt to change the delivery date, we may have to charge you storage for the item you have commissioned from us, along with additional delivery costs and/or installation costs. 

5.17. If no one is available at your address to take delivery we will leave you a note informing you of how to rearrange delivery. This will be subject to additional costs. 

5.18. If after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and we will charge you additional costs incurred by us to make a return visit. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 8 will apply. 

5.19. If you do not allow us access to your property as arranged (and you do not have a good reason for this) or the delivery criteria are not met we will charge you additional costs incurred by us as a result and this must be paid in full before we return to install the product. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 8 will apply. 

5.20. If our installers, on arrival to your premises, deem the premises (including the access route or site of base) to carry features or be in a state that may carry risk to them or the product, we reserve the right to deliver the product to a safe point on or at the entrance of your premises without installation. In this case there will be no refund for the delivery and/or installation cost. 

5.21. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if we have refused to deliver the products, delivery within a certain deadline was essential and you told us before we accepted the order that delivery by a certain deadline was essential. If delivery by a certain deadline is essential, we will offer you a delivery window for a period before the deadline. If you change the critical deadline, we will not be able to guarantee the delivery. 

5.22. Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 5.21., you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

5.23. 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. We will not charge you extra delivery costs for this. If you ask us to deliver the order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.  

5.24. If you do choose to treat the contract as at an end for late delivery under clause 5.21., you can cancel your order and the product will not be delivered. After that we will refund any sums you have paid to us for the cancelled products and their delivery.  

5.25. The product will be your responsibility from the time we deliver the product to the address you gave us. You own a product on the later of delivery or once we have received payment in full.

BESPOKE BUILDS

5.26. If you have commissioned a bespoke design from Timber & Black Ltd, the design remains our copyright.

5.27. Bespoke builds may be created entirely on your site or may be prepared in our workshop ahead of delivery/installation. We will discuss this with you ahead of the Acceptance Confirmation.

5.28. If, due to operational reasons, we need to amend the process of the build (for example, we may need to carry out more of the build on site than we had anticipated in order to create the best product, or the build may take longer), we will advise you within 28 days of the build commencing. You will have a right to cancel the build and receive a refund minus any costs we have incurred to date.

5.29. If a bespoke build is time critical you must advise us of this prior to signing the Acceptance Confirmation. Even if a build is time critical, we cannot be held responsible for events outside our control (5.12.)

5.30. If operational changes occur during the process of the build, we will discuss these with you and advise on the way forward. It is always our wish to create the best quality product. 

5.29. All the Terms and Conditions set out in this contract apply in full to bespoke builds but please note that payment schedules may be tailored per project (10.4.i).

YOU MUST PROVIDE THE INFORMATION WE NEED 

6. We may need certain information from you so that we can supply the products to you. 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 (see clause 8) 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. 

6.1. We may have to suspend the supply of a product to deal with technical problems or make minor changes, update the product to reflect changes in relevant laws and regulatory requirements; make changes to the product as requested by you or notified by us to you or if you do not make a payment by a due date. 

6.2 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. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid in advance. 

6.3. If you do not pay us for the products when you are supposed to (see clause 11.4) 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 suspend the products where you dispute the unpaid invoice.   

 
YOUR RIGHTS TO END THE CONTRACT 

7. You can always end the 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: If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the goods repaired or replaced or to get some or all of your money back.)

7.1. If you are ending a contract for a reason set out at 7.1.1 to 7.1.5 below the contract will end immediately and we will pay a refund to you for any products which have not been provided or have not been provided properly. The reasons are: 7.1.1. We have told you about an upcoming change to the product or these terms which you do not agree to. 

7.1.2. 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; 

7.1.3. There is a risk that supply of the products may be significantly delayed because of events outside our control; 

7.1.4. We have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; 

or 7.1.5. you have a legal right to end the contract because of something we have done wrong (including because we have delivered late). 

7.2. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract is completed when the products are delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end and we will refund any sums paid by you for products not provided but we will deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract. If you end the contract within 28 days of the delivery date (or after the second payment with bespoke projects), you may receive no compensation.  

7.3 When you do not have a right to change your mind. All of our products are commissioned to order or created to your own specification. None are held as stock. Once you have paid the full balance of the order, ie: 28 days ahead of delivery (or the second payment with bespoke projects), you only have a right to cancel the order if we have not yet ordered your timber or started manufacture of your order.    

 
OUR RIGHTS TO END THE CONTRACT

8. We may end the contract for a product at any time by writing to you if you do not make any payment to us when it is due; or 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 you do not, within a reasonable time, allow us to deliver the products to you; or you do not, within a reasonable time, allow us access to your premises to supply the services; or a product is not available from our suppliers. 

8.1. If we end the contract in the situations set out in clause 8. we will refund any money you have paid in advance for products we have not provided but we will deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. 

8.2. Warning. Please note that we often incur significant costs in performing our obligations to you. Depending on the products and the circumstances, if we end the contract in the situations set out in clause 8. you may receive little or no refund. You may even be asked to pay money to us to cover the net costs we will incur. 

8.3. Refund and cancellation. We reserve the right to cancel an order at any time with a full refund of any money paid by you.   

 
IF THERE IS A PROBLEM WITH THE PRODUCT 

9. Unless otherwise agreed, we will commence carrying out of repair works within 42 days of being notified. If the repair is considered to be detrimental to the product, we will aim to carry out the repair within 21 days of being notified. However, at times of high demand on the installation of products it is possible that we will not commence repair in this period. 

9.1. If you have any questions or complaints about the product, please contact us. You can telephone us or email hello@timberandblack.com. 

9.2. Summary of 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 legal rights. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Subject to certain exceptions, all products will be as described, fit for purpose and of satisfactory quality. 

9.3. Guarantee. Our guarantee provides you with protection against product failure through normal use. As you would expect, our guarantee does not cover fair wear and tear or third- party damage. If a product develops a fault within the guarantee period then we will arrange for it to be repaired including any parts and labour required. 

9.3.i. Our products are made from timber. You accept that wood is a natural material. It differs from man-made materials in that each piece of timber will have grains and knots which will vary. Being a natural product wood will react to changes in atmospheric conditions. Wood will expand and contract. Most of this movement is across the grain of the wood so height dimensions will vary according to moisture content. Some splitting of the timber may occur as it expands and contracts with changes of humidity and temperature. 

The above processes are perfectly natural and do not affect the integrity of the timber or of the structure it is used in and therefore splitting, cracks & knots, expansion and contraction and any other feature / processes that are as a result of wood being a natural product etc are not covered by any guarantee. 

9.4. All our products carry a one-year guarantee.  

9.5. Our guarantee does not cover: any product that is re-located; any product that is installed on a base that does not meet our delivery criteria (all bases must be solid, of the correct size and within 6mm of level across the whole base); any pergola or gazebo which is installed on a patio which has an insufficient mortar base; a build created on any form of pre-existing foundation (wooden, concrete or otherwise) which is not up to the standard required. 

9.6. The guarantee is non-transferable.   

PRICE AND PAYMENT 

10. The price of the product will be the price agreed when you placed your order. No quotation is binding until an advance payment or full payment has been received. We take all reasonable care to ensure that the price of product advised to you is correct.  

10.1.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 unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid. 

10.2. As our products are made to your specifications and/or assembled to your order, you must make an advance payment of 25% of the price on or before we accept your order.  

10.3. After an order has been placed, advance payments and deposits can be used against any other product. However, if there is no firm order and scheduled delivery is not in place one year after the date of the original order, that order will be deemed to be cancelled and the advance payment and deposit will be non-refundable. 

10.4. Balance of invoice. The balance of the invoice is due no less than 28 days before delivery. If the balance of the invoice is not received 28 days before delivery, then the delivery is cancelled and will be rescheduled only when payment is received by us. The rescheduled delivery will be subject to the lead times for new orders running at the time of the balance of the invoice being paid. 

10.4.i. For bespoke projects the payment schedule will be outlined in the Acceptance Confirmation.

10.5. Your right to change your mind. Up to and including 14 days from placing your order the advance payment will be refunded in full if you change your mind and cancel the order. The advance payment is then non-refundable. 

10.6. We accept payment by BACs/bank transfer.  

10.7. If you think an invoice is wrong, please contact us promptly to let us know.   

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU 

11. 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, for example, if you discussed it with us during the sales process. 

11.1 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 including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987. 

11.2. When we are liable for damage to your property. If we are required to access your outdoor space through your property and the access is unreasonably tight, we will not be responsible for any damage to your property caused by us while doing so. However, we are responsible for the cost of repairing any damage caused by us to your property if access is suitable. Whilst we take every care, we cannot guarantee that grass won't be damaged during a build, particularly in wet weather, therefore we cannot accept responsibility for damage to the grass. We are not liable for pre-existing faults or damage to your property that we discover while providing the services. 

11.2.i. We are not responsible for damage caused by third party delivery vehicles/suppliers to your access routes/grass.  Any issues must be taken up directly by the customer with the supplier. 

11.3. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.  

OTHER TERMS 

12. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our systems.  

12.1.You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Acceptance Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within 7 days). 

12.2 We may transfer our rights and obligations under these terms to another organisation. 12.3. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.  

12.4. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 9.6. in respect of our guarantee. 

12.5. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 

12.6. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date. 

12.7. Which laws apply to this contract and where you may bring legal proceedings. 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. 

12.8. Publicity. We will take product shots during the course of our builds. These will be used on our website, as part of our product portfolio. We will not name you or use any identifying information or images.

12.9. It is important to us that you are completely happy with our products and/or services. If you wish to raise a complaint, please contact us by telephone on 07528 796400 or email hello@timberandblack.com. All complaints will receive a response within two working days of receipt. It is always our intention to resolve any problems quickly and amicably to your satisfaction.  

January 2024