1. Definitions 1.1 "Buyer"means the person who buys or agrees to buy the Products from the Seller.
1.2 "Seller" means SHIMU LTD , of Unit 37, Albion Mills, Albion Road, Greengates, Bradford, West Yorkshire, BD10 9TQ
1.3 "Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.4 "Delivery date" means the date specified by the Seller when the Products are to be delivered.
1.5 "Price" means the price for the Products including packing and VAT but excluding any delivery charge which is payable in addition.
1.6 "Products" means the goods specified in the Buyers order.
2. Conditions applicable 2.1 Nothing in these conditions shall affect the Buyers statutory rights as a consumer.
2.2 The Seller shall sell and the Buyer shall purchase the Products in accordance with any written or verbal order of the Buyer which is accepted by the Seller either in writing or via its website, including but not limited to orders placed via the Sellers Web site, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms subject to which any such order is made, or purported to be made by the Buyer.
2.3 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 Seller shall be subject to correction without any liability on the part of the Seller.
2.4 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.
3. Payment and Deposit 3.1 Save as provided otherwise herein the Price and the applicable delivery charge shall be that as stipulated on the Sellers Web site or published catalogue current at the date of order of the Products or as stated in the Sellers acceptance of the order. In the event of any increase in the cost to the Seller of raw materials, labour, overheads, shipping, transport costs, fuel, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price payable under the contract upon written notice. If the Seller gives notice of price increase, the Buyer shall have the right to cancel the order and receive back any sums they have paid. Notice of cancellation must be received in writing by the Seller with seven days of delivery of the notice of price increase to the Buyer.
3.2 Where products are held in stock by the Seller at the time the Buyer places an order, payment of the Price and the applicable delivery charge shall be due at the date of the order. Where products, including any bespoke or personalised items, are not held in stock by the Seller at the time the Buyer places an order, payment of a deposit of 50% of the Price and the applicable delivery charge shall be due at the date of the order. The remaining 50% of the Price and the applicable delivery charge shall be due when the Seller notifies the Buyer that the products are ready for delivery. If the Buyer fails to make payment as required the Seller may suspend delivery of the Products or any further Products ordered until payment is made in full.
3.3 All items will remain the property of the Seller until paid for in full.
4. Cancellation & Returns 4.1 Under the Consumer Protection (Distance Selling) Regulations 2000 the Buyer has the right to cancel an order and receive a full refund for any item or service, with the exception of bespoke or personalised items. If the Buyer wishes to cancel an order he may, within fourteen working days of delivery, contact the Seller by sending a letter, fax or e-mail to arrange for the collection of the goods at the Sellers expense. Subject to 4.2 below, any money which the Buyer has paid for the Products, excluding any delivery charge, will be refunded to the Buyer within 30 days provided that the Seller receives the Products in the same condition they were in at the time of delivery to the Buyer and in their original or other suitable packaging.
4.2 For bespoke or personalised items ordered, any deposit paid by the Buyer when ordering is non-refundable and shall not be refunded if the Buyer subsequently cancels the order.
4.3 The Seller operates the following returns policy: If for any reason you are unhappy with your purchase when it is delivered, you can simply return it with the delivery driver and we will replace it for you or provide a full refund, other than the delivery charge and any deposit paid for bespoke or personalised items which is not refundable as stated in 4.2 above. Alternatively you can inform us within 14 working days of the item being delivered and we will arrange for the item to be picked up. All that we ask is that the item is returned in an unused condition and suitably packaged.
4.4 Insofar as is permitted by law, the Sellers only liability to the Buyer under these terms and conditions will be, at the Sellers sole discretion, to make good any shortage or non-delivery, to replace or repair any goods which are received by the Buyer in a damaged or defective state or to refund to the Buyer any sums actually paid by the Buyer for the goods in question. The Seller will not be liable to the Buyer for any indirect or consequential loss or damage arising out of any problem the Buyer notifies to the Seller, such as loss of profits, loss of business and loss of income, and will have no liability to the Buyer for any failure or delay in delivering goods or any damage or defect in goods delivered which is caused by any event or circumstance which is beyond the Sellers reasonable control.
5. Delivery 5.1 Delivery of the Products shall be made by the Seller or its agent notifying the Buyer that the Products are available for collection at the Sellers premises or for delivery to such place as the Buyer may specify at the time the order is placed.
5.2 The Seller shall use its reasonable endeavours to meet any date agreed for delivery.
5.3 In any event time of delivery shall not be of the essence.
5.4 The Seller shall not be liable for any delay in delivery howsoever caused.
5.5 In the case of goods purchased by credit card, those goods can only be shipped to the credit card holders address and must be signed for on delivery.
5.6 The Buyer shall have full responsibility for ensuring that there is suitable delivery access for all Products that are ordered. The Seller accepts no responsibility for failure to deliver any item due to restricted access.
5.7 The Seller and its delivery agents are only insured to deliver goods to a ground level location. Therefore the Buyer must make its own arrangements if it requires the Products to be delivered to somewhere other than a ground level location. The Seller shall be deemed to have fulfilled its delivery obligations once it has delivered the Products to a suitable ground level location within the place of delivery
5.8 The Seller delivers to most areas of the UK, but this is subject to change and at the Sellers discretion.
5.9 All delivery charges quoted on the Sellers web site are applicable to the majority of mainland UK addresses only. An additional charge for delivery to more remote parts of the mainland (such as to northern Scotland and Cornwall) and to offshore and overseas addresses may apply. The Seller will inform the Buyer of any additional charge for delivery to these areas before processing any payment
5.10 Generally, where an order contains more than one item all items will be delivered at the same time once all items are available.
5.11 For non-stock items, please allow up to 90 days for delivery. For bespoke or specialised items, delivery times will vary and may take longer than 90 days.
6. The Products 6.1 The Buyer accepts that, as each item available from the Seller is hand finished, there will be variations in colour and texture within each piece.
6.2 Although reclaimed aged wood is used in the manufacture of the Products in order to minimise cracking, the Buyer accepts that some cracking or splitting over time is inherent to the nature of the traditional materials used and does not constitute a defect in the product of any kind.
6.3 Photographs shown on the Sellers Web site and catalogue are for illustrative purposes only, and may not exactly match the product itself. While every effort is made to ensure the accuracy of colour reproduction, colour may vary according to the settings of the Buyers monitor, software or printer.
6.4 All measurements shown on the Sellers Web site and catalogue are approximate.
7. Title and risk 7.1 Risk or damage to or loss of the Products shall pass to the Buyer upon delivery.
7.2 Notwithstanding any other provision herein title in the full Products shall not pass to the Buyer until the Seller has received in cash or clear funds payment in full.
8. General 8.1 The Seller shall not 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, including but not limited to strikes, lock outs, accidents, war, fire, reduction in or unavailability of power at the Sellers premises, manufacturing plant or its agents premises, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
8.2 This Contract shall be governed by the law of England and Wales and any dispute, question or remedy howsoever arising shall be determined exclusively by the Courts of England and Wales.