The agreement between us and you consists of the Order Form (or if you are ordering online this will be the completed basket) and these Terms and Conditions (collectively the agreement).
1. THESE TERMS
These are the Terms and Conditions that govern your purchase of Tom Raffield Ltd products. They apply to the exclusion of any other terms (including any discussed with you via email, telephone, in person, or which you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing). These terms shall govern and be incorporated into every provision of products by us to you.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Tom Raffield Ltd a company registered in England and Wales. Our company registration number is 08467101 and our registered office is at F3 Church View, Bickland Water Road, Falmouth, TR11 4FZ.
2.2 You can contact us by telephoning our customer service team on +44 (0)1326 722725 or by writing to us at sales@tomraffield.com.
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these Terms and Conditions, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order.
Bespoke Products
3.1.1 Bespoke Products are those products which are produced to your specifications and any product produced with a fabric chosen by you, or otherwise produced to your specification in any way. To place an order for Bespoke Products you will need to email us at (sales@tomraffield.com) attaching or setting out your requested specifications (for example your fabric choice or Giant Flock Chandelier length). We will confirm acceptance of such choice to you by sending to you an email confirming the specifications, measurements or designs and confirming acceptance of the order. At that point a contract will come into existence on the terms of this agreement and to the exclusion of any prior correspondence or meeting between us to discuss the bespoke products.
If we are confirming your order by email it may be an iterative process and only when you receive an email accepting your order will a contract come into existence.
Collection
3.1.2 Products in the Collection are our standard products which can either be viewed in our showroom or on our website at www.tomraffield.com or which may have been shown to you at an event or other in person meeting. Our acceptance of your order will take place and a contract will come into existence for the purchase of a product from our Collection upon receipt of funds and on our sending to you an email confirming our acceptance of your order.
3.2 If we are unable to accept or fulfil your order, we will inform you of this in writing or via telephone and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for, unavailability of stock or raw materials, because the specification, design, measurements you have provided infringes a third party intellectual property right, because the design is not achievable and you do not make or agree to our making any reasonable modifications suggested by us, 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.
3.3 Almost all of our products are made to order. When you place an order we will inform you of the estimated lead times and availability of the products you have ordered.
4. OUR PRODUCTS
4.1 All our products are crafted by hand at our workshop in Cornwall. The timber we use is sourced from sustainably managed woodlands and our steam bending manufacturing process is ecological with very little waste. As all our products are handmade, there will be slight variations from product-to-product.
4.2 The images of the products in our Collection on our website or in other materials are for illustrative purposes only. We will use reasonable efforts to depict accurately the products in our Collection but they are by their nature unique and are handmade so sizes, weights, colours, materials, capacities, dimensions and measurements indicated on our website or other materials may vary to the product that you receive.
4.3 Bespoke Products.
4.3.1 Make sure your measurements are accurate. If we are making a Bespoke Product to measurements, sketches and/or designs you have given to us and/or using materials or swatches identified by you then it is your responsibility to ensure that these are correct.
4.3.2 If you wish to have Bespoke Products provided to you, then you accept that we have no liability for errors or defaults in Bespoke Products which are caused by the provision to us of erroneous specifications.
4.3.3 The design of all our products is unique to us. If you supply to us any sketches, designs or drawings or other contribution to Bespoke Products (Contribution), you grant to us an exclusive, perpetual, irremovable royalty-free licence to any intellectual property rights that may subsist in the Contribution. You warrant that any Contribution is original and will not infringe the rights of any third party and agree to indemnify us against all losses, liabilities, costs, penalties or fines if any Contribution infringes the intellectual property rights or other proprietary rights of any person.
4.3.4 We will make any Bespoke Products to your specifications, however we shall not be liable to you in respect of any actual or alleged defect in or dissatisfaction with any Bespoke Product that arises directly or indirectly from your choice of any specification, design, material, fabric or any other requirement.
4.4 Once we have accepted your order for a Bespoke Product you will no longer be able to make any changes to it.
5. OUR RIGHTS TO MAKE CHANGES
We may change any product to implement minor technical adjustments or as a result of unavailability of raw materials. We will try to minimise the impact of these changes. These changes will not affect your use of the product. These unavoidable changes do not give to you any right to cancel any contract or reject any product.
6. PROVIDING THE PRODUCTS
6.1 We will provide you with a quote for the costs of delivery when we accept your order in accordance with clause 3.1. You are responsible, and shall pay the actual delivery costs, in addition to the price of the product. Until all delivery costs are paid we cannot dispatch the products. Alternatively, you can arrange for your own courier company to collect the products from our showroom at your costs. Please contact our customer services team on +44 (0)1326 722725 to arrange collection.
6.2 For orders for delivery outside the UK we will provide you with a fixed shipping cost. This does not include import charges, customs clearance or duty. You are responsible for these charges and your products may be held in customs until full payment has been received. From 1 January 2021, when the Brexit transition period ends, these charges may also apply to orders despatched to EU delivery addresses. Despatch costs are dependent upon the size, weight and destination of the parcel as well as the speed of delivery required.
6.3 We will deliver any items you have ordered (which may include being delivered on a pallet). It is your responsibility to ensure that any items you have ordered can be delivered to the delivery address specified and the property address can be accessed. We exclude all liability for non-delivery if our delivery provider cannot access the delivery address. If an item cannot be delivered it will be returned to our warehouse and a delivery return fee of up to £500 will be charged which is a fair and reasonable representation of our costs.
6.4 When we will provide the products.
Products from our Collection
6.4.1 Lighting and accessories.
The majority of our lighting and accessories are dispatched as per the agreed lead times stated in your order confirmation and dispatched by 24 hour courier. If you have arranged to collect your delivery, the contact person you have supplied will be contacted by email to arrange collection. If we are delivering the products, as soon as the order is dispatched from our workshop the contact person you have supplied will be contacted by our delivery provider via email. If you are unable to take delivery on the day it is your responsibility to liaise with the delivery provider to re-arrange delivery and we may charge you our reasonable storage costs to store your products past the delivery day until they are delivered or collected. We exclude all liability for the non-delivery of products if our delivery provider attempts to deliver the products and you are not available.
6.4.2 Furniture, Large Lighting and multiple orders.
Before the order is dispatched a member of our customer service team will contact you either via email or telephone (to the email address or contact number provided) to confirm the date of delivery. If requested, we will contact you on the day of delivery to give you an estimated time slot. If our delivery team are unable to deliver your order or you are unable to take delivery on the day we will charge you the costs of the failed delivery, the cost of re-delivery, and our reasonable storage costs of storing your products from the date of delivery specified in the lead times until the actual date of delivery.
6.5 If after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot we will contact you for further instructions and will charge you for storage costs and any further delivery costs. If, we are unable to contact you or re-arrange delivery or collection we may terminate this agreement.
Bespoke Products.
6.6 For Bespoke Products we will notify you the estimated completion date for the product during the order process. When we start making or customising the product in our workshop we will notify you of the estimated delivery date. Given the bespoke nature of the products, any such date shall be an estimate and time shall not be of the essence to this agreement. If you need a Bespoke Product by a particular date then you must notify us and we must agree it as a specific exception.
6.7 If our supply of any products is delayed by an event outside of 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. However, if there is a risk of substantial delay you may contact us to terminate the agreement and, except for Bespoke Products for which production has commenced, receive a refund for any products in the Collection you have paid for but not received. As Bespoke Products are made to your order we cannot agree to issue any refund.
6.8 You will own a product and it will become your responsibility from the time it is dispatched from our warehouse. If you collect your order from our warehouse or use your own courier company, you are responsible for the items at the point they are presented to you, or your nominated courier company, by a member of our warehouse staff and it is your responsibility to ensure you have appropriate insurance. You are liable for all damage caused to the items in the removal, loading, transit and unloading of the products by you or your courier company.
6.9 We may have to suspend the supply of a product to:
6.9.1 deal with technical problems or make minor technical changes; or
6.9.2 update the product to reflect changes in relevant laws and regulatory requirements.
6.10 We will notify you as soon as reasonably practical as to any suspension and provide you with a revised estimated delivery date for the product. We accept no liability as a result of any suspension.
7. TERMINATION
7.1 We may terminate our agreement with you, without limiting any of our other rights or remedies, with immediate effect by giving written notice to you if:
7.1.1 you commit a material breach of any term of this agreement and (if such a breach is remediable) fail to remedy that breach within 5 days of being notified in writing to do so;
7.1.2 you take any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
7.1.3 you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
7.1.4 your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under these terms has been placed in jeopardy.
7.2 Without limiting our other rights or remedies, we may suspend provision of the products under these terms or any other contract between us if you become subject to any of the events listed in clause 7.1.1 to clause 7.1.4, or we reasonably believe that you are about to become subject to any of them, or if you fail to pay any amount due under these terms on the due date for payment.
8. IF THERE IS A PROBLEM WITH THE PRODUCT
8.1 We take pride in all our goods being made to high standards but appreciate that occasionally we do make mistakes. We are confident that our products will stand the test of time and offer a two-year guarantee against breakdown through normal use, defective workmanship and materials. This means that if your item develops a fault during the guarantee period, we'll arrange for it to be repaired or replaced free of charge, including all parts and labour. Our guarantee will not apply to Products that are not used in the correct conditions or locations, or if the applicable care guidelines have not been followed.
8.2 Our furniture and lighting ranges are specified for indoor use only and should be used in ambient conditions and not subjected to damp or overly dry atmospheres. It is important that Tom Raffield Ltd products are stored or used in dry environments (if kept in storage, climate controlled storage is essential) to ensure the longevity of the steam bent products. Failure to comply to care instructions and bulb wattage recommendations may result in warping, unravelling, staining and surface damage that Tom Raffield Ltd cannot be held responsible for. Tom Raffield Ltd also accepts no responsibility for variations in pattern, colour, texture or dimensions inherent in those materials or for any subsequent deformation, splitting, crazing discolouration or other defects caused by extremes of temperature, humidity, dampness or light.
8.3 You may have seen certain indoor products photographed or used in outdoor locations. This does not mean they are suitable for outdoor use. Please check the product description and specifications carefully before you buy them.
8.4 Please also be aware that as wood is a raw material the colour will mature over time, this is part of the natural beauty of the wood and will not be considered a defect.
8.5 Quality control procedures are in place to ensure all products sold are of consistent, high quality, however if you receive a product that you deem to be substandard please contact us. On receiving the order, please check all items to ensure that any issues or breakages are reported to us within 48 hours, after such period of time the products will be deemed accepted by you. If you have any questions or complaints about the product, please contact us. You can telephone our Customer Service team at +44 (0)1326 722 725 or write to us at sales@tomraffield.com or Tom Raffield Ltd, F3 Church View, Bickland Water Road, Falmouth, TR11 4FZ.
9. PRICE AND PAYMENT
9.1 The price of the product (which includes VAT) will be the price indicated on the website or communicated to you via email or orally when you placed your order and will be in Pounds Sterling. It is a condition of this agreement that you shall pay for the products at the time of placing your order.
9.2 All prices include VAT unless products are to be sent outside the UK mainland. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
9.3 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.
9.4 For any Products ordered via our website and the price advertised is obviously incorrect (for example due to a technical error or a nominal price is advertised) we reserve the right to reject your order.
9.5 We accept payment via bank transfer and will notify you of our bank details from time to time. We also accept payment via our third party payment provider Shopify. Any payments you make via Shopify will also be subject to Shopify's terms and conditions which can be viewed <here>.
9.6 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 6% a year above the base lending rate of Barclay's Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.
9.7 When you place an order you will be sent confirmation via email. It is your responsibility to ensure all details are correct during the order process and are accountable should there be any errors in the information you have provided. If you think any information in the order confirmation is wrong please contact us promptly to let us know by email at sales@tomraffield.com or via telephone +44 (0)1326 722 725.
10. RETURNS AND REFUNDS
10.1 Consumer Contracts Regulations (formerly Distance Selling Regulations) DO NOT apply to Business to Business contracts. Business Customers or Trade Customers are defined as Sole Traders, Partnerships, Limited companies etc. purchasing goods from us by Internet, Mail Order, over the Phone or by Proforma Invoice for use at their business.
10.2 The Company will not issue refunds for Trade transactions unless the products are faulty upon delivery. In the unlikely event that the Company despatches incorrect goods or that the Purchaser believes that the goods do not match the goods expected, the Company will offer an exchange on a like for like basis.
10.3 If we refuse to accept any products back into stock it is the responsibility of the purchaser to arrange collection from our Workshops.
11. LIABILITY
11.1 Nothing in these terms shall limit or exclude either party's liability for:
11.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
11.1.2 fraud or fraudulent misrepresentation;
11.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
11.1.4 defective products under the Consumer Protection Act 1987.
11.2 Subject to clause 10.1:
11.2.1 we shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this agreement; and
11.2.2 Our total liability to you in respect of all other losses arising under or in connection with this agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the goods supplied under a single Order Form.
12. GENERAL
12.1 Assignment and other dealings.
12.1.1 We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of our rights or obligations under this agreement.
12.1.2 You may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights or obligations under this agreement without our prior written consent.
12.2 Entire agreement.
12.2.1 This agreement constitutes the entire agreement between us and you and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
12.2.2 Each of us agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
12.3 No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
12.4 No failure or delay by a party to exercise any right or remedy provided under the agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
12.5 If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the agreement.
12.6 No one other than a party to this agreement shall have any right to enforce any of its terms.
12.7 The agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.
12.8 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.