All orders are subject to our Terms and Conditions. These Conditions do not affect your statutory rights as a consumer.
1. Conditions of Sale
1.1.1 “Buyer” means the person or company that buys or agrees to buy the Products from the Seller.
1.1.2 “Seller” means Birchwood Group Limited.
1.1.3 “Consumer” means the person that uses or intends to use the Products.
1.1.4 “Conditions” means the Terms and Conditions of sale set out in this document and any other Terms and Conditions agreed in writing by the Seller.
1.1.5 “Products” means the goods specified.
1.1.6 “Price” means the price for the Products, packing, VAT and delivery.
1.1.7 “Delivery date” means the date specified by the Seller when the Products will be delivered.
1.2 Applicable Conditions
1.2.1 The Seller shall sell and the Buyer shall purchase the Products in accordance with any written or verbal quotation of the Seller which is accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller including orders placed using the Seller’s electronic online ordering service, orders placed via the telephone, facsimile, written or other means. Any such orders will be subject in any case to these Conditions.
1.2.2 Any typographical, 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 if required, without any liability on the part of the Seller.
1.2.3 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.
1.2.4 If the Seller is for any reason not able to supply the goods ordered by the Buyer then any sum paid by the Buyer will be refunded or re-credited to their account and the Seller will notify the customer at the address given by them in their order form and or via e-mail. The refund will be made as soon as is possible and, in any event, within 10 days of the reason becoming apparent. The Seller will not be obliged to offer any compensation for disappointment suffered.
1.3 Prices and payment
1.3.1 The Price shall be as stipulated in the Seller’s published price list current at the date of order of the Products. In the event of any increase in the cost to the Seller of raw materials, labour, overheads, 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 notice of price increase is given by the seller, the Buyer shall have the right to cancel the order. Notice of cancellation must be received in writing by the Seller within ten days of delivery of the notice of price increase to the Buyer.
1.4 Deposit Payments
1.4.1 Where the option of paying a deposit only at the time of placing the order, a minimum payment of 50% of the Price shall be due at the date of the order being placed with the balance being due upon your order being processed for despatch from our warehouse. If it is not possible to collect payment promptly at this time a delay to the delivery date may occur. Time for payment shall be of the essence.
1.4.2 If the Buyer does not pay the Price on notification of dispatch of the goods the Seller may bring an action for the Price even though property in the Products has not been passed to the Buyer.
1.4.3 If the Buyer fails to make contact to arrange payment as required, the Seller may suspend delivery of the products ordered until payment is made in full. A holding fee may be charged if the wait for payment is longer than ten days.
1.4.4 If no contact is made regarding the balance of the Price within ten days of it becoming due, then the seller may return the goods to stock and as such allocate them to other orders. At this time the order will be considered cancelled.
1.5 Cheque Payments
Where the Buyer pays for the Products by cheque, the total Price will be due at the time of placing the order. Goods will not be despatched until the funds have cleared in the Sellers account.
1.6 Finance Payments
1.6 Customers paying by finance should refer to the Terms and Conditions of their agreement for more information. PLEASE NOTE: Finance may not be available on all products. For more information, please contact our Sales Team at email@example.com or call 01457 237160.
1.6.1 Finance agreements may be claimed by Birchwood Group Limited up to 3 weeks before delivery of goods is made to the customer. Customer finance repayments may start as soon as delivery of goods has taken place.
1.7 The products
1.7.1 The quantity and description of the Products shall be as set out in the Seller’s Order owledgement.
1.7.2 The Seller may make any changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Seller’s specification.
1.7.3 Photographs are for illustrative purpose only, and may not exactly match the product itself.
1.7.4 Measurements on all products are approximate and some variation may occur, particularly on handmade and rustic products. Please contact our Sales Team at firstname.lastname@example.org or on 01457 237160 for further information.
1.7.5 Please be aware that all furniture has variants of colour and we therefore cannot guarantee exact colour matches. Colour variation can also occur due to the different properties of digital display equipment being used to view the product.
1.8 Outlet Sale Items
1.8.1 Outlet products purchased online or by phone can be returned in accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You may cancel your order for a full refund by informing us within 14 days from the delivery, a collection charge equivalent to the delivery cost will be deducted from the refund, you must allow us access to collect the product within 14 days of cancellation, returned products must be unused and in the same condition as when delivered (any damage will be chargeable).
1.8.2 Products viewed in person prior to purchase are “sold as seen” and cannot be returned.
1.8.3 Outlet products are not covered by any guarantee.
1.9 Placing an order online and online payments
1.9.1 Your obligation – When you have placed your Order by clicking on the ‘’Pay” button within Checkout process you will be under an obligation to pay for the Goods (or, if you have selected the Interest Free Credit payment option, the applicable deposit for the Goods) at the time the Order is placed.
1.9.2 After you have submitted your Order you are offering to buy those Goods from us. We will send you an automatic order acknowledgement email shortly after you place your order. Please note that this email is an acknowledgement and not acceptance of your order. You should note that:
– We are not obliged to accept your Order; and
– No contract exists between us for those Goods at this stage.
1.9.3 We reserve the right to decline all or part of any Order for any reason. This might be because for example, the Goods are not in stock or are no longer available or because of a pricing error on the Website. If we decline all or part of your Order, we will contact you with additional information and will not process your order. We will refund the full amount of your payment if you do not wish to order alternative Goods from us or; in the case of a pricing error, order the Goods at the correct price.
1.9.4 If we do cancel your order we will notify you by email and will refund any sum paid by you to us in respect of the contract as soon as possible, and in any event within 30 days of the cancellation of your order.
1.9.5 The creation of the contract between you and us will take place upon the successful delivery or collection of any part of your order unless we have notified you that we do not accept your order as outlined in 1.10.
1.9.6 Your chosen payment type, (Debit card, credit card or PayPal) will be charged when you submit your order at the final stage of the checkout whether you are paying in full or paying a deposit.
1.9.7 If applying for credit, a deposit payment will need to be made directly to the credit provider as part of the application process. Credit is provided by Birchwood Group Ltd who provide credit on a twelve month basis only at 0% interest
1.9.8 Depending on how you choose to pay, your payment may be subject to validation checks and/or third-party authorisations.
1.9.9 Your order must be paid in full prior to delivery. It is not possible for our delivery teams to take payments Except where finance is granted.
1.9.10 All credit and debit card payments that are made on our website are protected by a secure connection. This secure connection ensures that your credit and debit card is encrypted prior to transfer to the bank for authorisation.
1.9.11 As an additional security measure, no credit or debit card details submitted online are stored directly by Birchwood Group Limited once your order has been processed.
1.9.12 Payment services provided to you, the cardholder, are done so by Birchwood Group Limited. As such, all enquiries and complaints should be directed to us. For more information please contact us at email@example.com
1.10 Non acceptance of an order by us
1.10.a We reserve the right not to accept any Order request if:
1.10.b we have insufficient stock to deliver the goods you have ordered;
1.10.c we do not deliver to your area;
1.10.d one or more of the Goods ordered was incorrectly described or priced on the website;
1.10.e the Goods are withdrawn by the manufacturer or by order of any governmental authority
1.10.f the payment transaction is not authorised; or
1.10.g you have not complied with the provisions of these terms and conditions.
1.10.h If we do reject your order we will notify you by email and will refund to you any sum paid by you to us in respect of the order as soon as possible, and in any event within 30 days of the cancellation of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
2. Guarantees and liability
2.1 All goods supplied by the Seller come with a guarantee where as should any structural or manufacturing fault occur within the guarantee period specified at the time of sale the Seller will replace or repair (at the Seller’s discretion) the Products free of charge subject to the following terms: –
a) Guarantees are restricted to goods located on the UK Mainland
b) Products must be paid for in full in order for the terms of the guarantee to apply
c) Products are guaranteed for normal domestic use, if you wish to use them in a commercial environment please state on order (please note that the term may be reduced and additional terms will apply)
d) Damage caused by the following will invalidate your guarantee:-
i. Misuse through staining, burns, pet damage, use of harsh cleaning solutions and abrasive materials.
ii. Neglect to follow routine maintenance as highlighted in care guide.
iii. Exposure to direct sunlight which can cause fading to leather and fabrics.
e) The guarantee term begins from the date of delivery / collection inclusive.
f) The guarantee period specified at time of order will apply; this is dependent on the product type as shown below:
i) Timber & Oak Ranges i.e. Dining Tables, Cabinets, Benches, Chest of Drawers, Bedsides, Coffee Tables, Consoles, Wardrobes, Beds, Timber Framed Mirrors, Bookcases are covered by a 15 year guarantee.
ii) Fabric & Leather Beds, Sofas, Occasional Chairs are covered by a 10 year guarantee.
iii) Fabric & Leather Dining Chairs and Footstools are covered by a 10 year guarantee.
iv) Mattresses are covered by a 5 year guarantee.
v) Any other items not listed are covered by a 1 year guarantee i.e. framed pictures, scatter cushions, throws, cutlery, homewares, etc.
g) The guarantee is not transferable and applies only to the Buyer as shown on the original sales order acknowledgement.
h) Products sold via our periodic Outlet Sales are excluded from our usual guarantees and are not covered by any guarantee unless specifically stated on the sales order acknowledgement
2.2 The Buyer shall provide the Seller with any information as is required to assess the claim under the Sellers guarantee terms. This may include providing photographic evidence. In the event of a claim, the Buyer shall first contact the Seller’s Customer Support Team. Please contact firstname.lastname@example.org or call 01457237160
2.3 Except where the Buyer acts as a Consumer all other warranties, Conditions and Terms relating to fitness for purpose, satisfactory quality or condition of the Products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law.
2.4 We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us and will have no liability to you 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 our reasonable control. Nothing in this Clause affects your Statutory Rights as a Consumer.
2.5 Birchwood Group Ltd is providing this Website on an “as is” basis and makes no representations or warranties of any kind, whether express or implied, in relation to this Website or its contents and disclaims all such representations and warranties. In addition, Birchwood Group Ltd makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information on this Website. The information contained in this Website may contain technical inaccuracies or typographical errors. All liability of Birchwood Group Ltd howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
2.6 Neither Birchwood Group Ltd nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
2.7 Birchwood Group Ltd accepts no liability for any information or content contained in external third party websites which link to or from this Website.
3. Delivery & Installation
3.1 Birchwood Group Ltd offer a full installation and delivery service for all Products that are not suitable to be sent by Courier.
3.2 Delivery of the products shall be made by the seller or his agent to the Delivery Address specified on the Buyer’s order.
3.3 The Seller shall not be liable for any delay in delivery howsoever caused.
3.4 Deliver directly to Northern Ireland, the Isle of Man, the Isle of Wight, the Scottish Islands and the Channel Islands. However we can deliver to a nominated UK port, at our standard delivery rate for that area. The Seller shall deliver the goods suitably packaged and in good condition to the forwarding
3.5 Birchwood Group Ltd will not be held responsible for damage that occurs thereafter. Onward shipping from that point is the responsibility of the Buyer.
3.6 Orders placed from and delivered to the Channel Islands will not be subject to VAT.
3.7 Where your order contains items from different ranges, the longest lead time will apply. Birchwood Group Ltd can offer a part delivery option in certain circumstances, but an additional delivery charge will apply.
3.8 Where a delivery date has been agreed with our carrier but the Buyer is not present to receive the delivery, we reserve the right to charge the customer the delivery charge to cover part of the cost of the failed delivery.
3.9 Upon delivery an adult must be available at the address to check and acknowledge receipt in a safe and satisfactory condition.
3.10 Any damages, shortages or discrepancies must be notified in writing to our customer services department within 21 days of receipt.
3.11 The Buyer agrees to pay for any loss or extra cost incurred by the Seller through the Buyers instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.
4. Returns and Cancellations
4.1 to read ” If the Buyer wishes to cancel their purchase for any reason, they must do so in writing either by email or letter.
* Emails should be sent to email@example.com*
Letters should be sent to Unit 16, Dinting Lane Industrial Estate, Glossop, Derbyshire SK13 7NU,
4.2 A customer may request cancellation or return goods at any time between the placement of the order and within 21 working days following delivery. Applicable to standard eligible goods only. Bespoke or custom-built goods however, are not eligible for cancellation after initial deposit payment is made and cannot be returned after delivery.
4.2.2 Goods returned on delivery (i.e. items are sent back on the same van as initially delivered), customer will be refunded the full order totalling including of delivery charges.
4.2.3 If a request to return goods its made after the initial delivery and up to 21 days thereafter, customers will be refunded the full order total excluding delivery charges.
4.3.3 All goods returned to us must be unused and in the same condition as they were at the time of delivery. We will offer two dates for collection within 14 days of cancellation failure to take one of these dates may result in an additional collection charge being applied.
4.3 Any monies which have been paid will be refunded within 30 days provided that the Seller receives the goods in the same condition they were in at the time of delivery.
4.4 For items that are specially commissioned or ordered in non standard sizes and/or materials, payment is required in full when placing the order. These items can not be cancelled or returned.
4.5 Mattresses can only be returned if they are unopened. Mattresses which have been opened and slept on cannot be returned. If you wish to test a mattress please keep it wrapped until you are sure you want to keep it.
4.6 Where a claim of defect or damage is made the Seller shall be responsible for the recovery of the Goods from the Buyer normally within 30 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) if the Goods are in fact defective.
4.6.2 The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
4.7 Outlet products purchased online or by phone can be returned in accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You may cancel your order for a full refund by informing us within 14 days from the delivery, a collection charge equivalent to the delivery cost will be deducted from the refund, you must allow us access to collect the product within 14 days of cancellation, returned products must be unused and in the same condition as when delivered (any damage will be chargeable). Products viewed in our showroom or warehouse are “sold as seen” and cannot be returned.
5. Privacy and Security
5.1 Any personal information collected from you is held in accordance with our registration at the Data Commissioner’s office. This data is only used for the following purposes:-
a) The processing and fulfilment of your order.
b) To give us statistics to allow us to improve your shopping experience.
c) The administration of the website and its facilities.
d)To keep you informed of special offers and products of interest to you at your consent.
6.1 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, including but not limited to strikes, lockouts, accidents, war, fire, reduction in or unavailability of power at the Seller’s premises or its manufacturing workshops, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
6.2 Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its registered office or in the case of notices to the Buyer, at the Buyer’s address as provided to the Seller.
6.3 The headings of the Clauses in these Conditions are intended for reference only and will not affect
the construction of these Conditions.
6.4 No statement, description, warranty condition or recommendation contained in any catalogue, price list or advertising or communication or made verbally by any of the Agents or Employees of the Seller shall be construed to enlarge, vary or override in any way thereof any of these conditions.
7. Company Information
Birchwood Group Ltd, Unit 16 Dinting Lane Industrial Estate, Glossop, SK13 7NU
Company Registration Number: 10498613
VAT Number: 278 1436 81
This Contract shall be governed by the law of England and Wales and any dispute, question or remedy howsoever arising determined exclusively by the Courts of England and Wales.