Below are EJ Timber LTD Terms and Conditions which apply to the use of the website www.ejtimber.com. By accessing this website and /or placing an order, you agree to be bound by the following terms and conditions.
EJ Timber LTD is registered in England and Wales, under company registration number 11232330. Our VAT number is 298934236.
Company registered address is Unit 3 Alpine Business Centre, Eastbury Road, London, E6 6LP.
These Terms will apply to any contract between us for the sale of Products to you to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Please read these Terms carefully and make sure that you understand them before ordering any Products from our Site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
1.1. “Business” means any person dealing with us other than a consumer.
1.2. "Consumer" means the person or company from whom an order is accepted by the Trader.
1.3. "Trader" means EJ Timber LTD
1.4. "Products" means the articles supplied by the trader to the consumer or business.
1.5. "Order" means the order placed by the consumer for the supply of the goods.
1.6. "Contract" means the contract between the Company and you for the sale and purchase of the Products in accordance with these Terms.
1.7. "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, acts of war or terrorism, fire, explosion, storm, flood or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport or default or non-performance of suppliers and/or subcontractors.
1.8. "Specification” means any bespoke specification for the Products requested by you including where Products are ordered to a certain finish, width, thickness, length or where Products are cut into separate pieces.
2. Our Products:
2.1 Any images of the products on our Site are for illustrative purposes only. All timber contains natural defects and colour variations, and we cannot, therefore, guarantee that your computer's display of the colours accurately reflects the colour of the products. The colour of products you receive may slightly vary due to the lighting when pictures were taken. Trader products, supplied to you, may vary from those images.
2.2 Notwithstanding clause 2.1, wood is a naturally hygroscopic material which means that it will gain or lose moisture in sympathy with its surrounds. Timber shrinks as it dries and may increase in size again if wetted or subjected to increased humidity. Where appropriate, wood-based products may need to be conditioned by allowing them to stand in their end use environment for a period of time prior to installation. The correct specifications and moisture content at installation are essential to ensure the Products you have chosen to perform to their highest standard.
2.3 Unless expressly agreed otherwise (either by the description of the particular Product detailed on our Site or confirmed in writing to you) and as measured at the time of leaving the Company premises, all sizes, dimensions and measurements indicated on our Site have a 10% tolerance.
2.4 The packaging of the Products may vary from that shown on images on our Site.
2.5 All Products shown on our Site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order as placed.
3. Conditions Applicable:
3.1. By placing an order with the trader, the consumer or business agrees to be bound by these terms. If you do not accept these terms, you may not use this site, access, or display any of the information made available to you at this site.
3.2. EJ Timber LTD shall sell and the consumer or business shall purchase the goods in accordance with any written, electronic or verbal order of the consumer or business, which is accepted by the trader, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the consumer or business.
3.3. Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the trader shall be subject to correction without any liability on the part of the trader.
3.4. If any provision of these conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected. Your statutory rights are not affected.
4. Product Quantities:
4.1. The trader always supplies timber to the nearest available stock length, as such the stock lengths do vary.
4.2. The trader will always endeavour to choose stock lengths which closely match the consumer’s requirements but generally there will be some extra supplied and will be charged for. This is particularly the case where short lengths are required.
4.3. Due to constant stock rotation, it is not always possible for the trader, at the time of order, to confirm what the finished order quantity will be.
5. Price of Products and Delivery Charges:
5.1. Although the trader makes every effort to ensure that published prices and quotes are as accurate as possible the trader reserves the right to refuse the sale of mis-priced or mis-quoted goods.
5.2. The price of a Product quoted on our Site includes UK VAT rate, ruling at the time.
5.3 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation or Specification Confirmation.
5.4. The price of a Product does not include delivery charges. Our delivery charges are as quoted on our Site separately to the product price and are UK VAT rate included.
6. Offer and Acceptance:
6.1. A binding contract is formed between the consumer or business and the trader when the consumer or business receives confirmation from the trader by e-mail, telephone, or other agreed means that the consumer’s order has been accepted.
6.2. After acceptance, the consumer or business shall not be entitled to reject the goods which are in accordance with the contract.
6.3. When we refer, in these Terms, to "in writing", this will include an e-mail.
7. Supply of Goods:
7.1. The consumer or business is solely responsible for ensuring that the goods are suitable and fit for the purpose. Trader highly recommends ensuring the correct measurements and quantities are chosen.
7.2. The trader reserves the right to refuse the supply of goods at its discretion.
7.3. The Company warrants that on delivery the Products shall:
7.3.1. conform in all material respects with their description.
7.3.2. be free from material defects in design, material (having regard to the grade(s) of the Products as detailed on the Site) and workmanship; and
7.3.3. be fit for any purpose held out by the Company or made known to the Company by you expressly or by implication, and in this respect, you rely on the Company’s skill and judgement.
8. Payment Terms:
8.1. Where the consumer or business is placing an order for stock items payment is due prior to order confirmation and despatch.
8.2. Where the consumer is placing an order for non-stock items a non-refundable deposit of approximately 30% is due prior to order confirmation. The balance of the invoice value is due prior to despatch of the goods.
8.3. For account customers, all invoices are due for payment on the last day of the month following the invoice date. Any invoice outstanding beyond this period will be referred to a debt collection agency and will be subject to a surcharge of 15% plus VAT to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the customer and will be legally enforceable.
8.4. The trader accepts online payment with all major credit and debit cards, including Visa, MasterCard, Delta, Switch, Maestro and PayPal. No charge is made to a consumer for credit card payments.
8.5. The consumer can choose to pay by bank transfer (also known as BACS transfer). The trader will supply bank details in a pro-forma invoice to the consumer. The order will be processed after the payment via bank transfer has been received.
8.6. Payment is accepted in the following forms:
8.6.1. cash made on collection of items in our workshop.
8.6.2. credit or debit card (not American Express).
8.6.3. Secure Trading online payment.
8.6.4. PayPal online payment.
8.6.5. bank transfer (BACS).
8.7. Payment will only be deemed to have been made upon clearance of funds in the trader’s bank account.
9. Product Availability:
9.1. All goods are offered subject to availability. Where goods are found to be unavailable or discontinued, the trader will offer a similar substitute if available, subject to the consumer’s agreement.
9.2. Where the consumer orders goods with different lead times, or a combination of stock and non-stock items, the goods will arrive together, the longest lead time will apply.
9.3. The trader may make any changes in the specification of the goods which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the goods are supplied to the trader's specification.
9.4. If a suitable substitute is not available, the transaction for that item will be void and any payment will be refunded.
9.5. In the event of any product being unavailable, the trader shall be relieved of any liability in connection with all such contracts or orders. In no case shall the trader be bound to obtain or deliver goods from any other sources than those contemplated in the order.
9.6. The trader will not be held responsible for any costs incurred due to items being delayed or unavailable.
10. Delivery and collection:
10.1. EJ Timber LTD uses numerous ways of delivering the goods. These include the use our own vehicle/s and the use of independent courier companies, depending on order volumes.
10.2. Deliveries will usually be made Monday-Saturday between the hours of 8:00am and 8:00pm. The trader is usually unable to give an estimated delivery time as all deliveries are at the courier’s discretion.
10.3. Any delivery date or delivery time is for guidance only and the trader shall not be responsible for any costs incurred by the consumer in the event of late delivery.
10.4. Independent couriers, used by the trader do not offer a pre-delivery phone call service and cannot, therefore, contact the consumer directly.
10.5. All timber orders will be delivered to kerbside at the nearest access point to the delivery address, and the trader or its independent couriers, will not be responsible for further movement of the goods.
10.6. It is the consumer’s responsibility to advise the trader of any restrictions regarding access to the delivery address point at the time of ordering or prior to the goods being despatched.
10.7. The consumer will bear the costs of any re-delivery charges incurred because of not informing the trader of access restrictions to the delivery address point.
10.8. It is the consumer's responsibility to ensure that there is sufficient labour on site at the time of delivery to facilitate the offloading process.
10.9. The delivery vehicles used by the trader do not have cranes or forklifts. It is the consumer's responsibility to provide offloading equipment to facilitate offloading for deliveries of heavy items.
10.10. Should the consumer be unavailable to accept the goods at the time of delivery, on a day that has been agreed beforehand with the consumer, then the consumer shall bear the cost of any re-delivery.
10.11. Large scale orders we deliver using our own dedicated delivery vehicle or by a trusted courier firm that we have carefully chosen for their care and attention of your order. Prior to delivery we will email or ring to make sure we have the correct delivery address and that you or somebody will be available to receive your order in first class condition.
10.12. Any order, large or small, can be collected from our East London Workshop, where a member of our staff will help you to load your order, forklift service available. Just shop online as usual. When you go to the online checkout, choose Click & Collect. We will call you when your order is ready for collection. When in store, please go to the reception to collect your parcel.
11. Goods Damaged or Faulty on Delivery:
11.1. The consumer must examine all goods on delivery in case any damage has occurred in transit. The driver should be notified immediately of any problems and the delivery note should be signed accordingly.
11.2. If, in exceptional circumstances, the consumer is unable to fully check the goods at the time of delivery, the trader must be informed as soon as possible. It may be possible to grant a 24-hour extension of this time to notify the trader of any issues.
11.3. The trader cannot guarantee to replace or repair items which have been signed for in good condition or 'unchecked' and are later found to be damaged. This does not affect the consumer’s statutory rights.
11.4. The trader will not accept any liability for any goods that have been repaired before the trader has been given the opportunity to inspect them or to give authority for repair work to be carried out or in cases where noncompany components have been used.
11.5. If goods have been delivered in a damaged state and the trader feels the situation cannot be improved by authorising another delivery, we reserve the right to refund the consumer in full for the order and cancel the order.
12. Cancellation Policy:
12.1. Under the Consumer Contracts Regulations 2013 the consumer has a right to cancel their order at any time before the goods are despatched or within 14 days of receiving the goods and for a full refund including cost of return shipping, providing the consumer takes reasonable care of the goods whilst they are in the consumer’s possession. This does not affect the consumer’s statutory rights as a consumer.
12.2. If the consumer chooses to cancel their order at any time later than the 14 days following receipt of the goods, there will be a restocking and administration charge of £30. The consumer is welcome to return any items using their own courier.
12.3. The trader will refund the consumer’s payment with 14 days of the goods being returned.
12.4. If the consumer wishes to cancel the order, the trader will require the request be done in writing via email to firstname.lastname@example.org.
13. Returns Policy:
13.1. Where the consumer has received their order and no longer require all or part of the order then this may be returned at the discretion of the trader. If a return is agreed then the consumer must arrange transport to the trader’s premises at the consumer’s expense whereupon the goods will be inspected by the trader who will decide what, if any, credit is due.
13.2. Where the consumer receives sub-standard or incorrect goods, they should inform the trader within 14 days. The trader will then arrange a collection of the goods for return to the trader’s premises. Upon receipt the trader will inspect the goods and, if the items are sub-standard or incorrect, will either refund the consumer or replace the goods.
13.3. Where the consumer has used or installed the goods then such use or installation shall be taken as conclusive evidence that the consumer has accepted the goods are in perfect condition. The consumer is responsible for checking that the goods are suitable for purpose and that installation conditions are correct.
14. Timber Products:
14.1. Storage of timber
It is the responsibility of the consumer to ensure that the goods are stored correctly as our timber is kiln dried, e.g., not in an outbuilding such as a garage or shed or where temperatures and relative humidity may be subject to fluctuations.
14.2. Application of timber - the trader will not be responsible for any misuse or incorrect installation methods. Any advice given by the trader is for guidance only.
14.3. Illustrations and samples - the trader supplies natural products. Illustrations/images and samples cannot convey the variation in grain, colour, tone, and natural defects. It is the responsibility of the consumer to ensure that they are fully aware of the appearance and nature of any goods ordered.
14.5. Temperature and humidity are critical factors. All timber materials which are dried to a specific moisture content in accordance with British and European Standards must be stored in conditions relative to the to the standards code, details of which are available on request.
15. Events Outside our Control - Force Majeure:
15.1. Neither party shall be liable for any default due to any act of God, war, strikes, lock outs, riots, accidents, fire, break-down of plant, machinery or shortage or unavailability of raw materials from a natural source of supply.
15.2. The trader shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from or hindered in or delayed in manufacturing, obtaining, or delivering the goods by normal routes or means of delivery through circumstances beyond its control.
15.3. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
15.4. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
15.4.1. We will contact you as soon as reasonably possible to notify you; and
15.4.2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16.1. Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control and the party shall be entitled to a reasonable extension of its obligations.
16.2. These terms and conditions are subject to change at any time without prior notice. In addition to the above the trader retains title to all goods until payment is received in full. Goods that are unpaid for can be collected/removed from any location if deemed necessary. The trader retains the right to accept orders and payments if stocks have temporarily expired, fulfilling the order upon stock replenishment. If an item is out of stock the customer will be contacted whereupon if the waiting time is viewed as too long by either party a full refund and order cancellation can be effected. The trader retains the right to cancel any order by notifying the consumer by email without detailed disclosure.
16.3. The trader will accept no responsibility for subsequent theft of any goods once delivered to an agreed location, the consumer must make necessary arrangements to avoid this possibility. British Hardwoods is a trading division of Broadsword Timber.
17.1. If you have any questions about the terms and conditions set out herein, please write to us by email to email@example.com or by post to EJ Timber LTD, Unit 3 Alpine Business Centre, Eastbury Road, London, E6 6LP.
17.2. To cancel a Contract in accordance with your legal right to do so, you must let us know that you have decided to cancel. The easiest way to do this is to complete the Cancellation Form (click here) on our website. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method, we will e-mail you to confirm we have received your cancellation. You can also email us at firstname.lastname@example.org or contact our Customer Services team by telephone on +44 (0) 2074767710. If you are emailing us or writing to us, please include details of your order to help us to identify it.