Terms of use

General

Access to and use of this Website and the products and services available through this Website (collec­tively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

All orders for goods accepted by Egerton’s Timber & Hardware Ltd ("the Vendor") are accepted subject to the following conditions that shall form part of and govern the contract of sale.

Acceptance of goods shall be deemed to be acceptance of these conditions of sale. No agent or repre­sen­tative of the vendor has the authority to vary these conditions unless endorsed in writing by a Director of the vendor company.

Please note: All orders for products or services will be acknowledged but confirmation of the price shall (at all times) be when the order is accepted by the Vendor. Orders shall be loaded on site at our branch at the prices shown on the order acceptance, which shall normally be the price or cost as shown on our invoice on the date of the order. Up to date prices can be provided via telephone, Please use the contact us page to email or to use the phone number provided to contact us via telephone.

Terms: Orders are delivered with any delivery costs shown on the invoice or purchase order where appropriate.

Age Requirements for Specific Goods

Where you place an order for or otherwise purchase age-restricted goods such as solvents, axes, knives, and knife blades, you confirm that you are over the age of 18 and that (where applicable) delivery will be accepted by a person over the age of 18. We reserve the right to cancel your order or purchase if we reasonably believe you do not meet the age restrictions for certain goods.

Payment and Price

Payment is to be made via credit or debit card or bank transfer no goods shall be dispatched until payment has been made to and accepted by the Vendor. Credit card companies may require address verification (your credit card billing address) or other security information.

Any incorrect information given may result in a delayed or cancelled order, for which the vendor accepts no respon­sibility.

The Vendor shall dispatch goods to the purchaser within the timescale agreed at point of sale. The Vendor shall notify the purchaser if there is any delay or if goods are unavailable, which may result in goods being delivered outside this period. In the event of a delay being more than 15 working days the Vendor shall offer the purchaser the right to cancel the order and shall make immediate refund to the purchaser of monies paid if the order is cancelled by the purchaser as a result of the delay.

In the event that any goods are unavailable the Vendor shall make a refund to the purchaser of monies paid, or notify the purchaser if only part of an order can be fulfilled; the Vendor shall then offer the purchaser the opportunity to accept part of the order. If the purchaser accepts part of the order the Vendor shall make refund to the purchaser of monies paid relating to the unavailable goods only. If the purchaser declines to accept part of the order a full refund of monies will be provided by the Vendor.

Our policy requires 100% prepayment in advance for any orders made/ milled to order (none stock items). Such payments are not refundable once the merchandise is ordered except as shown in these terms.

The price payable for the goods you order or purchase is as set out on our website at the time you submit your order, plus any charges for delivery as advised to you. All prices in our online shop include the current applicable VAT rate unless otherwise stated.

Occasionally, we advertise goods at a promotional price; you must quote the relevant promotion code, otherwise you may be charged the full price.

Occasionally, an error may occur and goods may be either incorrectly priced or described in which case we will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any errors from time to time. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.

We must receive payment for the whole of the price of the goods you order and purchase, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.

For website orders, payment can be made by most major credit or debit cards or PayPal, by completing the relevant details on the checkout page.

By using a credit/debit card to pay for your order or purchase, you confirm that the card being used is yours or that you are authorised to use it. By using PayPal you confirm that the PayPal account being used is yours.

All credit/debit card holders are subject to validation checks and authorisation by the card issuer. All PayPal payments are subject to authorisation by PayPal. If the issuer of the card or PayPal refuses to authorise payment we will not accept your order or purchase, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for the item not being delivered or provided to you. We are not responsible for the card issuer or bank charging the holder of the card as a result of our processing of your credit/debit card payment in accordance with your order or purchase or if PayPal charges you for making the order.

We recommend that you do not communicate your payment card details or PayPal details and password to anyone, including us, by email. We cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.

If you are a trade customer, you are responsible for all orders placed by your employees and for any purchases made on cards issued to you and we are not bound by any individual order limit you may impose on your employees.

If you are a trade customer, you may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim, which you may have, or allege to have.

We shall be entitled at all times to set off any debt or claim which we may have against you against any sums due from us to you.

The format of our invoice and statements to you will solely be dictated by us.

Delivery

Our deliveries are made by one man to your “kerbside”, also known as Kerbside only. You will require an able bodied adult at the delivery address to help unload.

If our driver is asked to enter the grounds/ boundary of the property we do so at your own risk. Any damaged caused to goods or property is entirely at your own risk. No payment or claims towards repairs and / or damages can be made against our driver or Egerton’s Timber & Hardware Ltd. Our drivers are not able to offer a personal assessment on whether access to the property is suitable or practical. By entering the property all risk is borne by the customer, the person(s) in receipt of the delivery and or their contracted trade. If a customer is not present at the address and they have requested that goods be left inside the boundary line this again is done at their own risk. Should a kerbside delivery not be safe or suitable and we are forced to enter the property to carry out the delivery the above conditions still apply.

We retain the right to refuse delivery without providing a reason. We retain the right to remove this service without notice.

We reserve the right to deliver an order in instalments by separate delivery shipments. Our main delviery partner is FEDEX.

Our drivers are required to leave goods in a suitable place if no one is there to accept the delivery.

Before placing your order, please refer to the delivery options set out on our website. A valid signature may be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately. We strongly suggest that you do not schedule or commence any installation work until after you have received your order and checked all the goods are suitable for your purposes and do not have any defects or missing parts.

For reasons of health and safety and to avoid any property damage, items can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location. We will not provide any unpacking, installation, fitting or waste removal services upon delivery unless otherwise agreed by us in writing.

You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 30 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods.

Upon delivery of the goods to you or collection of the goods by you, the goods shall be at your risk and responsibility. In spite of delivery or collection, ownership (also known as “title”) in the goods shall not pass to you until you have paid the price for the goods in full and, where other sums payable to us from you are overdue, you have paid those sums too. Until title in the goods passes from us to you, you shall: (i) not be entitled to use the goods; (ii) safely hold the goods for us; (iii) return the goods to us immediately if we ask you to; and (iv) be liable to us for any loss, damage or destruction of the goods. In addition, until title in the goods passes from us to you, you shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property. You grant us an irrevocable licence to enter, with or without vehicles, any of your premises for the purpose of inspecting or repossessing the goods.

Events Beyond Our Control

We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, mechanical failures, acts of God, terrorist attacks, wars, civil commotions, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports).

Liability

Liability for any claim for damage by the purchaser shall diminish with delay in notification to the vendor and the purchaser should notify the vendor of any damage to goods within 5 working days of delivery. This period may be extended at the sole discretion of the vendor or where the manuf­ac­turer's replacement policy extends the deadline.

The vendors liability may diminish in the event of a delay in notification by the purchaser to the vendor of missing items within a reasonable period from the date of delivery and such notification should be made within 48hrs of delivery

In the event that goods differ in quantity or description from those ordered the purchaser shall notify the vendor in writing within 4 days and failure to do so could diminish the liability of the vendor.

In the case of manuf­ac­turers who operate direct product support and returns procedures, the purchaser accepts an obligation to process their claim directly through the manuf­ac­turer.

Bespoke Goods

Bespoke goods are any goods specifically personalized and/or tailored to your specifications.

Bepoke goods are manufactured or cut to order. A copy of your invoice will be forwarded to the email address provided. It it the customers responsibility to ensure the sizes stated are correct. In the case of bespoke gates , trellis and panels we cannot be held responsible if they do not fit into their intended location. Bespoke goods once ordered cannot be cancelled, amended or returned. Payment for bespoke items needs to be made in full and upfront before the manufacturing process beings. It is the customers responsibility to ensure they are happy with the condition of goods and to report any concerns within 48hrs of delivery.

Once an order has been placed, we will see this as accepting our terms and conditions.

Lead times vary and although we will try to provide an estimated lead time if we exceed them no compensation can be made. Orders can only be cancelled at the discretion of the Director and provided the manufacturing process has not yet begun. Any cancellation fees will not be born by Egertons Timber & Hardware Ltd but by you the customer. We advise that no works are booked in to be completed or started before goods arrive on site. Delays in the delivery of our goods or services does not warrant a claim to moneys lost due to delay.

Availability

All goods are subject to availability. While we endeavour to hold sufficient stock to meet all orders and purchases, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we will attempt to contact you using the details you have provided to us to ask you how you wish to proceed. We may, at our discretion, process any part of the order which is available. Where goods are out of stock, we will refund you the price paid for such goods as soon as possible and in any case within 14 days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.

We work hard to ensure that we have sufficient stock to meet all of our customers’ needs; to achieve this, we may restrict sales of certain goods from time to time. Where we believe that availability does not or may not meet demand, we reserve the right at our sole discretion to vary your order by placing a limit on the volume or number of goods that you order. This limit may be imposed either on a single order of goods or on a series of orders for goods, and may be notified to you at the time of placing the order, before delivery or collection, or at collection.

Returned Goods

The vendor reserves the right to charge a restocking fee that ranges from 25% to 100%, subject to damages to goods or if the products have been altered for the design purposes of the purchaser. This fee is incurred because of the diminished resale value of the product.

1.1 The purchaser has the right to cancel the order and return any goods ordered via our branch within 14 calendar days. This excludes bespoke items or items that have been ordered in specially and are not part of our stock holding/ in stock range. The Vendor retains the right to charge fees for the cost of carriage and a restocking fee if necessary, and the vendor will refund the purchase cost upon receipt of the goods.

The purchaser shall unless otherwise stated be responsible for the cost of return of all goods to the vendor and the returned goods shall be at the risk of the purchaser until actual receipt of the goods by the vendor. The onus of proof of safe delivery shall rest with the purchaser.

All items claimed to be faulty or damaged dispatched for return to the vendor more than 14 days from the date of delivery and found to contain no fault will not be subject to a refund and may be returned to the purchaser. In the event it becomes necessary to recover goods that are not faulty the costs of recovery shall be the respon­sibility of the purchaser.

The vendor shall give a guarantee to refund to the purchaser full credit for any goods returned in stock condition (excluding postcrete, concrete & cement and items bought in or milled specially ‘to order’) provided they are returned within 14 working days of delivery. This does not affect the statutory rights of the consumer or purchaser under applicable consumer protection legislation, which shall normally be laws or regulations in the Country of origin, which for this web site shall be those of England, or where superseded by those of the European Union.

No credit shall be allowed for goods until they have been received complete.

If you cancel your order for a product delivered direct from our supplier, please contact us and we will arrange for our supplier to collect from you. Some collections may incur a charge; the amount of the charge will depend on the good(s) returned, but the maximum fee is £20.

A full credit including carriage costs and restocking fee (where necessary) shall be given by the vendor to the purchaser in the event that goods are faulty or damaged at the time of delivery and notice of fault or damage is given by the purchaser to the vendor within 7 days of delivery.

A Full Credit will only be given on items dispatched for return within 7 Days from delivery, where there are faults if such faults are not governed separately by a valid manuf­ac­turer’­s warranty, or under any other valid product warranty. The vendor will notify the purchaser of the existence of such warranties when contact is made with customer services.

Where the goods are being returned because they are faulty or incorrect, we will meet the cost of return delivery but we ask that you allow us to nominate the carrier. Your right to return goods in these circumstances is not limited to the 14-day period in clause 1.1

If an item develops a fault after 30 days following delivery or collection, we may offer a repair or replacement of the item or offer a price reduction or refund. If the product is to be repaired, and the manufacturer has provided a helpline, repair service or warranty, we may ask you to make contact with the manufacturer direct or we can do this on your behalf. If there is no such service or warranty with the product, in most instances we will either offer a repair or where this is not possible we will replace the item with the same or an equivalent model.

We will refund you using the same means of payment as you used to pay for your order or purchase. For PayPal purchases we will provide you with a refund or customer credit (at your option).

Refused delivery: Deliveries returned marked refused will not result in refund and refusal of a delivery does not relieve the purchaser’s liability for paying any carriage charges incurred in the return of the goods to the vendor.

Timber - A Natural Product

The nature of timber is that of a natural product. This means it has its own characteristics which includes but is not limited to splits, checks shakes, grain, knots, twist, bow, warping and bend. These changes & traits can occur at any time and do not warrant a refund or exchange of goods. We may as a gesture of good will offer to exchange or replace a product but it is at our discretion entirely. We do not cover the cost of removal or reinstatement of the product or any associated costs.

Recommended Contractors

We provide a list of reputable recommended contractors. It is the customer responsibility to carry out their own due diligence on the legitimacy of these contractors to carry out the work requested. Egertons Timber & Hardware Ltd accepts no liability for any loss incurred when using these contractors. Our T&C’s do not supersede theirs when in relation to works carried out or moneys exchanged.

Conse­qu­en­tial Loss

The extent of the vendor liability to the purchaser for any default or breach whatsoever and howsoever arising shall in no case exceed the invoice value of the goods. The vendor shall in no circum­stances whatsoever be liable to the purchaser in respect of any loss or damage, whether suffered by the purchaser, or by any customer of the purchaser whether direct or indirect, conse­qu­en­tial or howsoever arising; except from a written agreement between the Vendor and the purchaser at the point of transaction

Law

If any part of these terms and conditions shall be found to be unlawful it shall not affect the validity or enfor­ce­ability of the remainder of the conditions provided the contract is capable of continuing without such terms and conditions.

These terms shall be deemed to have been made in England and shall in all respects be governed by English Law except where the statutory rights of consumers within the European Union are otherwise protected within the law of the state or country of delivery.

In respect of consumer statutory rights within the European Union, these are unaffected by these terms and conditions.

General information

When you require Customer Services Please Call Direct, or contact us via email at

For us to give you customer service quickly please have the following information ready:

THE NAME IN WHICH THE GOODS WERE PURCHASED

THE DATE OF PURCHASE

FULL FAULT DESCRIPTION

In the event of any complaint or customer care matter please call our Branch telephone line or contact us via the email address shown and we will endeavour to resolve matters as rapidly as possible (normally within five working days).

Our postal address for customer services is: Egerton’s Timber & Hardware Ltd, Forest Yard, Siddington, Macclesfield, Cheshire SK11 9LH

We are confident that these procedures will enable us to offer you a better and speedier service. However, if you have any queries please do not hesitate to contact us.

Consumer Rights

The terms and conditions listed for citizens of the European Union are determined by specific consumer legislation and the rights of the purchaser are governed by such consumer legislation. If there is any conflict between the Terms and Conditions of this Web Site and consumer legislation the rights of the consumer under the legislation will not be affected.

Methods of Payment

EU residents pay the VAT inclusive price (VAT at appropriate rate, currently 20%). Non-EU/exempt pay the exclusive price.

Payment is only accepted by credit/debit card unless otherwise agreed with the vendor Visa Mastercard, Switch and Delta cards are acceptable, subject to individual credit/debit limits and the autho­risa­tion policy of the card issuing orga­nisa­tions We cannot accept any respon­sibility or liability in the event that a card payment fails or is refused.

Suitability of Goods or Services

We do not warrant the suitability of goods or services for a particular purpose other than that illustrated within product/­service instructions specifi­cations or guides and purchasers should check specifi­cations size and suitability before ordering.