TERMS AND CONDITIONS

Terms and Conditions

This page contains the Terms and Conditions for In The Oaks and associated companies (we, us or our).  Please read carefully before ordering, accepting quotations or instructing us to commence services (Confirmation of Order). 

You should understand that the client (you) are deemed to have accepted these Terms and Conditions when you place an order with us, accept our quotation or from the date of any performance or instruction of services (whichever happens earlier) (Confirmation of Order).  No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing and signed by us.  These Terms and Conditions do not affect your statutory rights.  

Please note, words imparting the singular number include the plural and vice-versa.  These Terms and Conditions apply to the purchase and supply of any goods or services (Goods) unless we specify otherwise.  A ‘business day’ means any day other than a Saturday, Sunday or bank holiday in England and Wales.

DESIGN, ARTWORK AND INTELLECTUAL PROPERTY

All artwork is agreed, and your final approval given, at Confirmation of Order, unless otherwise agreed in writing.  Your approval will be via a digital design proof or product image if we are providing the design, or completion of detailing form including screenshot if you are providing the design and we are offering a fabrication-only service (subject to digital file audit by us).

We are not responsible for errors in artwork supplied by you and cannot offer a guarantee that your artwork is suitable for laser cutting on your chosen material unless stated.  Please double check you are happy with your artwork before sending or use our design checking service.  

Incorrect spelling due to incorrect information provided by you will not be refunded.  Please check all spelling and details very carefully when supplying as we will fabricate exactly as is provided. 

Intellectual property: 

• Our Designs:  Where Goods are designed, created or fabricated by us, unless formally transferred in writing, we retain ownership of intellectual property rights.  For bespoke Goods specially commissioned by you, these rights will pass, once payment has been received in full, as detailed in the Confirmation of Order. 
• Your Designs:  You retain ownership of the intellectual property rights of products which we just fabricate and you provide designs. 

With all Goods, we retain a limited license to display these Goods in marketing materials unless otherwise specified in writing by us.

When providing artwork/designs, it is your responsibility to obtain any permissions, consents, licenses or otherwise needed and to give us access to any and all relevant information, materials, properties and any other matters required.  We also require written approval for use of trademark, logo or registered design.  We will not be liable for any delay or failure to provide Goods if the cause is your failure to comply with the provisions of this. 

MATERIALS

If you require a specific material, then this must be specified in detail (with a full disclosure data sheet provided if we request) and accepted by us prior to Confirmation of Order.  We will not be held responsible for any misinformation or assumptions made by you on the materials ordered.  Any change to material post Confirmation of Order will be subject to an additional fee.

We reserve the right to refuse any materials based upon the ineligibility of the materials with our safety regulations as explained by us.  Any materials you provide must be supplied with a data sheet and approved for use by us.  We may charge to conduct a fabrication test prior to full approval.

We accept no responsibility for any client's own material sent or stored at our premises.  We will, however, make all necessary arrangements for storage to the best of our abilities.  If personal Goods/products/materials, whether made use of our services or not, are not collected or sent within 3 months of receipt to us, we have the right to dispose or keep any items in our possession.

In the event of an issue caused by machine malfunction/human error, any liability will not exceed the value of the order paid to us.  In the event of any other claim, the liability will not exceed the value of the order paid to us.

FEES 

The fee of the Goods is the price set at the date of Confirmation of Order.  Any and all discounts will be at our discretion.  These fees are based on a time/material model or set-price model and are inclusive of packaging and delivery as specified.

If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties or changes to delivery rates, we can increase the fee prior to delivery.  Any fee increase under this case, will only take place after we have spoken with you.

The Fees are inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

Please note that local charges (sales tax, customs duty) may occur, depending on your region and local customs duties.  These charges are at the client's own expense.

PAYMENT TERMS

Unless otherwise agreed in writing, full payment is due at Confirmation of Order.  Goods will not be dispatched (to the address provided by you) or released until payment has cleared.  All products remain our property until payment is made in full.  

Prior to dispatch, payments for any additional Goods not specified at Confirmation of Order must be paid in full, including changes to specifications.  These will be charged in accordance with our rates as advertised on our website, or such other rate as may be agreed between us.  Again, Goods will not be dispatched or released and all products remain our property until payment has cleared.  

Financial transactions are handled and transacted through our third-party payment service providers with dedicated gateways to guarantee your protection.  Card information is not stored, and all card information is handled over SSL encryption.  Please read the Terms and Conditions for the relevant payment service provider for these transaction as they are responsible for the transactions made.  With prior written agreement, payments can also be made via BACS or other payments.

We will not be held responsible for any delays to production due to late payment.  You will be made aware of any changes to completion dates at the time of payment.

On our approval, clients formally approved for our 30-day account, need to pay for Goods within 30 days from date of invoice.  Goods will be released at the earlier agreed time.

Receipts for payment will be issued by us only at your request and all payments must be made in GBP unless otherwise agreed in writing by us.

All payments due under these Terms and Conditions must be paid in full without any deduction or withholding, except as required by law, and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 200% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.

If you do not pay within the period set out above, we can suspend any further provision of Goods and cancel any future Goods which have been ordered by, or otherwise arranged with, you.

ORDER CANCELLATION OR AMENDMENTS

Prior to Confirmation of Order, either party can cancel an order, or we can withdraw, cancel or amend a quotation, for any reason.  Any quotation is valid for a period of 10 business days from the date shown, unless withdrawn by us at an earlier date.

Post Confirmation of Order, once payment is received and proofs approved, your order will be in production.  Any changes are at our discretion and subject to charges and time delays which will be outlined at the time of your request.  If we accept a cancellation, a full or partial refund may be given at our discretion, minus any materials we may have ordered for your specific job, or any other costs incurred. 

If, due to circumstances beyond our control, including but not limited to those set out in the Force Majeure below, we have to make any change to Goods or how they are provided, we will notify you immediately.  We will use reasonable endeavours to keep any such changes to a minimum.

We warrant that we will use reasonable care and skill in our performance of Goods which will comply with the quotation, including any specification in all material respects.  We can make any changes to Goods which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.  We will use reasonable endeavours to complete the performance of Goods within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.

We can terminate the provision of Goods under this contract immediately if you:

• commit a material breach of your obligations under these Terms and Conditions; or
• fail to make pay any amount due on the due date for payment; or
• are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
• enter into a voluntary arrangement under Part 1 of the Insolvency Art 1986, or any other scheme or arrangement is made with its creditors. 

DELIVERY OF GOODS

We will arrange for the delivery of Goods to be dispatched to the address as specified at Confirmation of Order, unless we have confirmed an alternative in writing. 

We try to ensure Goods are dispatched within the stated time frame.  However, we will not be liable for any delays in shipping or failure to ship.  Dates quoted are approximate only and the time of delivery is not of the essence.  If we know of delays with production or the shipping of your order, we will try to alert you to this at least twenty-four hours before the agreed upon deadline.

We will not be liable for any delay in delivery of the Goods that are beyond our control or your failure to provide us with adequate delivery instructions or other instructions that are relevant to the supply of the Goods.

Subject to specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8am to 8pm.

You must notify us of any delivery problems no later than 2 business days after we ship the product to you and expected delivery date (see Inspection and Acceptance of Goods below).

If you do not take delivery of the Goods, we will try and attempt a redelivery.  If a redelivery is not possible, Goods will be returned to our premises.  At this point, we may, at our discretion and without prejudice to any other rights: 

• allow for collection from our premises (with our agreement)
• store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and / or 
• make arrangements for the redelivery of the Goods and will charge you for the costs of such redelivery; and / or
• after 10 business days, resell or otherwise dispose of part or all of the Goods and charge you for any shortfall below the price of the Goods.

If no address is specified prior to dispatch, or if collection is agreed at Confirmation of Order, unless otherwise agreed, you must collect your Goods from our premises or agreed location within 10 business days of dispatch notice. 

INSPECTION AND ACCEPTANCE OF GOODS

All Goods must be inspected by you immediately on receipt of delivery or collection.

In the event you identify any damage, faults or shortages, you must report these immediately, and in writing to us within 2 business days, with photographs and a clear description.  Photographs must be provided of packaging and any damage due to the shipping process. 

Please do not return Goods without Return Authorisation as you bear the risk and cost of returning the Goods.  Other than by agreement, we will only accept returned Goods, if we are satisfied that those Goods are defective and if required, have carried out an inspection.  

Subject to your compliance with this and / or our agreement, we will work with you as appropriate to repair or replace or refund the Goods or part of them.

Any refunds will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

We will be under no liability or further obligation in relation to the Goods if:

• you fail to provide notice as set above; and / or
• you make any further use of such Goods after giving notice as set above; and / or
• the defect arises because you did not follow our oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods; and / or
• the defect arises from normal wear and tear of the Goods; and / or
• the defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.

Acceptance of Goods will be deemed to be upon inspection of them by you and in any event within 5 business days after delivery.  

RETURNS

We make every effort to provide quality Goods and hope that you will be completely satisfied with your order.

Custom designed Goods are made to order and as such are not eligible for a refund.  Nothing in these terms entitles you to return Goods for any other reason other than as set out in our Inspection and Acceptance of Goods above.

We warrant only that Goods meet the specifications agreed at Confirmation of Order and are manufactured in accordance with the usual processes and standards.  We do not guarantee that Goods will be fit for any particular purpose.  All goods will be shipped untreated unless otherwise specified at Confirmation of Order.  We will not be held responsible for the way in which Goods are used after they have been provided to you.

We do not accept returns, replace or offer refunds based on material choice, natural material deviation or your expectations of the product. 

We are unable to refund Goods that have been ordered in error.  It is the responsibility of the client to ensure they have ordered correctly at Confirmation of Order before completing any purchase, accepting a quotation or instructing services.  

Mistakes in artwork, design and text will not be refunded, reproductions will be charged at the original full price (see Design, Artwork and Intellectual Property above).  Please check all submitted artwork very carefully, including spellings when supplying personalisation and / or Own Designs. 

ADDITIONAL INFORMATION

We reserve the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice. 

At the event of when a product is sold out, we have the right to cancel the order and refund any amount paid in the best way.  We will try and notify you of equivalent replacement products, if available.

FORCE MAJEURE

Events outside our control, which is not reasonably foreseeable, shall be considered force majeure, meaning that we are released from our obligations to fulfil contractual agreements.  Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, strikes or lack of delivery from suppliers, civil unrest, conflict, embargo, fire, flood, storms, earthquakes, acts of terrorism, sabotage, accident, acts of war, natural disasters, government action or omission, new or amended legislation, or any other event that is beyond the control of the party in question.  The force majeure also includes government decisions that affect the market negatively and products, for example, restrictions, warnings, ban, etc.

If the delay continues for a period of 90 days, either of us may terminate or cancel Goods to be carried out under these Terms and Conditions.

LIABILITY AND INDEMNITY

Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort, misrepresentation or otherwise, shall be limited to this clause.

Subject to the clauses above on Inspection and Acceptance of Goods, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.  

If we do not deliver Goods, our liability is limited, subject to the case below, to the costs and expenses incurred by you in obtaining replacement Goods of similar description and quality in the cheapest market available, less the price of Goods. The total amount of our liability is limited to the total amount of Fees payable by you under the contract.

We are not liable (whether caused by our employees, agents or otherwise) in connection with Goods, our provision or the performance of any other obligations under these Terms and Conditions or the quotation for:

• any indirect, special or consequential loss, damage, costs, or expenses; and / or
• any loss of profits; loss of anticipated profit; loss of business; loss of data; loss of reputation or goodwill; business interruption; or other third-party claims; and / or
• any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and / or
• any losses caused directly or indirectly by any failure or your breach in relation to your obligations; and / or
• any loss relating to choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.

• any losses arising directly or indirectly from the choice of services and how they will meet your requirements or your use of the services or any good supplied in connection with the services.

You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.

Nothing in these Terms and Conditions shall limit or exclude our liability for data or death or personal injury caused by our negligence, or for fraud or any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

LAW AND JURISDICTION

These Terms and Conditions are governed by and interpreted according to English law.  All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.

Please direct any enquiries relating to these Terms and Conditions to:  info@intheoaks.uk

Last updated: 02/07/21

This website is owned and operated by In The Oaks Limited.  Registered in England and Wales under Registration Number 13518423 and Registered Address is Oakview, Cricket Green, Hartley Wintney, Hampshire RG27 8PZ