Terms & Conditions

Welcome to Our Terms and Conditions

Thank you for considering a purchase with us. It’s important to us that you are fully informed and comfortable with your decision before we proceed with your order. This agreement becomes legally binding upon acceptance of your order, so we encourage you to carefully review these terms and conditions. They are designed to ensure your expectations are met and to clarify our commitment to you.

Should you have any questions or need clarification on any aspect of these terms, we’re here to help. Feel free to reach out at any time by calling us at 01245 403268. Our goal is to ensure that you are completely satisfied with both our products and our policies.

Understanding Our Terms and Conditions

Application of These Terms

About Us: This document outlines the Terms and Conditions governing your purchase of products and/or joinery services (“the Goods”) from Touch Bespoke Joinery Limited. We’re a company dedicated to excellence, registered in England and Wales (Company No. 8430831). Our registered office is located at Touch Bespoke Joinery, Unit 10 Runwell Hall Farm, Hoe Lane, Chelmsford, Essex, CM3 8DQ. Should you need to reach out, our contact details are as follows: Email – [email protected]; Telephone – 01245 403268.
Agreement to Terms: By choosing to order any of our Goods/Services, you’re agreeing to abide by these Terms and Conditions. Confirmation of your order, through either email instructions or payment of a deposit invoice, signifies your acceptance of our terms and your commitment to adhere to the stipulations of our contract. Please note, purchases can only be made by individuals who are capable of forming legally binding contracts and are at least 18 years of age.

1. Price and Payment

1.1 Price Agreement

The agreed price for the Goods or Services (“the Price”) will be as specified in the provided quotation or estimate from Touch Bespoke Joinery Limited. Any changes to the price must be agreed upon by both parties in writing or verbally.

1.2 Supply-Only Sales

For goods supplied without installation:

A 50% non-refundable deposit of the total estimate or quotation is required to commence work.
This deposit initiates the scheduling of drawing works for customer approval.
Upon client approval, a Collection/Delivery date is set.
The final 50% balance is invoiced upon completion and must be paid upon collection or delivery of the goods. Goods will not be released until full payment is received.

1.3 Installation Sales

For goods requiring installation:

A 50% non-refundable deposit is needed to start the drawing and approval process.
Post-approval, manufacturing and fitting dates are provided.
A 40% interim invoice is issued once items are ready but before installation, requiring payment to proceed.
The remaining 10% balance is invoiced upon completion, payable within 14 days.
Touch Bespoke Joinery Limited reserves the right to adjust the interim invoice to 50% of the total value if payment concerns arise, necessitating clearance before installation.

1.4 Late Payment Rights

We reserve the right to claim interest and compensation for debt recovery costs as permitted by late payment legislation if payments are not made according to agreed terms.

1.5 Deposit Holding Period

Deposits are held for a maximum of 12 months. If work cannot commence due to reasons beyond our control, the contract will be considered cancelled unless otherwise agreed in writing.

1.6 Refunds

Refunds are issued at the company’s discretion and processed within 28 days of approval.

1.7 Cancellation Policy

Cancellations by the client after a deposit has been taken will incur the full cost of the project.

1.8 CIS Payments

For projects requiring contractor(s) to stop CIS payments, a 20% deduction of labour costs will be applied to the balance invoice.

1.9 Reverse VAT for Commercial End Users

It is the responsibility of commercial end users to declare in writing their status to ensure VAT is charged normally.
Written confirmation is required for each project.

2.0 Domestic End User VAT

Unless otherwise stated, customers are assumed to be End Users for VAT purposes, with VAT charged at the appropriate rate.

2. Quotations

2.1 Validity and Acceptance

Quotations provided by Touch Bespoke Joinery Limited are valid for 14 days from the date issued. To secure the quoted price, the Customer must accept and place an order within this timeframe. After 14 days, Touch Bespoke Joinery Limited reserves the right to revise the quotation.

2.2 Pricing Details

The price quoted does not include VAT or additional costs such as packaging, loading, unloading, carriage, and insurance, unless specifically stated in the quotation. These additional costs, where applicable, will be charged at the rate in effect on the date of invoicing by Touch Bespoke Joinery Limited.
It is important for Customers to note that any extra charges not included in the initial quotation will be clearly communicated and added to the final invoice.

2.3 Discounts

Quotations are provided based on the best assessment of the project details provided by the Customer. Unless agreed upon in writing by both parties, the quoted price is firm and not subject to discounts.

3. Goods

3.1 Specification and Conformance

All goods supplied by Touch Bespoke Joinery Limited will match the specifications outlined in the customer’s order as approved by us, or as expressly agreed upon through written or verbal communication. This ensures that every product delivered aligns perfectly with your expectations and requirements.

3.2 Acceptance of Orders

When you, the customer, send an order to Touch Bespoke Joinery Limited, it is considered accepted only under these Terms and Conditions. This policy helps ensure clarity and mutual understanding from the outset of our agreement.

3.3 Contractual Agreement

Each accepted order constitutes a separate, legally binding contract between you and Touch Bespoke Joinery Limited. This clarifies that every transaction is taken seriously and handled with the utmost professionalism and attention to detail, reinforcing the individuality and significance of each project.

4. Delivery

4.1 Acceptance of Goods

Goods are considered accepted by the Customer either upon successful completion of installation work or at the point of delivery or collection for supply-only purchases. This ensures clarity on when the transaction is deemed complete and satisfactory.

4.2 Liability and Delays

Touch Bespoke Joinery Limited will not be held responsible for delays or failures in supply-only sales or installation services caused by circumstances beyond our reasonable control. This includes, but is not limited to, natural disasters, supply chain issues, or unforeseen regulatory changes.

4.3 Transfer of Risk

The risk associated with the Goods transfers to the Customer following the completion of installation or at the time of delivery or collection for supply-only sales. This marks the point at which the responsibility for the Goods moves from us to you.

4.4 Storage

In situations where delivery cannot proceed due to factors outside our control, Touch Bespoke Joinery Limited reserves the right to store the Goods at the Customer’s expense until delivery can be completed.

4.5 Order Cancellation

Cancellations must be communicated to Touch Bespoke Joinery Limited in writing. The Customer may be charged for any materials already ordered or work completed up to the point of cancellation, reflecting the costs incurred on the project.

4.6 Insurance Work

Touch Bespoke Joinery Limited accepts projects covered by insurance with the understanding that the Customer is responsible for payment of our invoice, rather than the insurance company. Direct dealings with insurance companies are not undertaken by Touch Bespoke Joinery Limited.

5. Title to Goods

5.1 Warranty of Title

Touch Bespoke Joinery Limited guarantees that it rightfully owns the Goods and will transfer ownership to the Customer once the conditions of Clause 5.2 are met, ensuring a clear and secure transfer of title.

5.2 Conditions for Transfer of Title

Despite the Goods being delivered to the Customer, ownership will only transfer from Touch Bespoke Joinery Limited to the Customer after full payment for the Goods has been received. This clause does not inhibit Touch Bespoke Joinery Limited’s right to seek payment for the Goods.

5.3 Removal of Unwanted Items

Upon removal of any unwanted items, debris, or rubbish from the Customer’s property by Touch Bespoke Joinery Limited, ownership of these items immediately transfers to Touch Bespoke Joinery Limited, allowing for proper disposal or recycling.

5.4 Retention of Ownership

Touch Bespoke Joinery Limited retains ownership of all manufactured, supplied, or fitted goods until the full balance is paid by the Customer. If payment is not received as agreed, Touch Bespoke Joinery Limited reserves the right to reclaim any goods still legally owned by them, safeguarding their interests.

6. Damage in Transit

6.1 Reporting and Resolution

If Goods are damaged during transit under arrangements made by Touch Bespoke Joinery Limited, the Customer must notify us within 24 hours of delivery. Upon verifying the damage, Touch Bespoke Joinery Limited will offer a suitable replacement or repair the damaged items, ensuring the Customer’s satisfaction and the integrity of the delivered Goods.

7. Guarantee

7.1 Guarantee Conditions

Touch Bespoke Joinery Limited stands behind the quality of its manufactured goods and installation services. Should any goods be defective due to our manufacturing or installation, we will, at our discretion, repair or replace them free of charge, subject to the following conditions:

7.1.1 Notification of Defect: The customer must inform us of the defect within 5 days of noticing the issue.
- 7.1.1.1 Timing: Notification for supply-only sales must occur within 7 days of delivery or collection. For installation services, notice should be within 6 months from the balance invoice date.
7.1.2 Maintenance of External Joinery: All external joinery must be fully decorated within one week of delivery or installation and maintained regularly thereafter.
7.1.3 Cause of Defect: The defect must result from our faulty design, workmanship, or materials.
7.1.4 Compliance with Instructions: The customer has followed all our instructions or good trade practices regarding the storage, installation, use, or maintenance of the goods.
7.1.5 Exclusions: The guarantee does not cover defects due to rot or insect damage as outlined in Clause 9.3.

7.2 Customer Responsibilities

For supply-only sales, goods needing repair or replacement must be returned to Touch Bespoke Joinery Limited at the customer’s expense.

7.3 Third-Party Manufactured Goods

When goods are produced by a third party, Touch Bespoke Joinery Limited will, where possible, transfer to the customer any third-party warranties, such as those for double-glazing units and UPVC items. This ensures customers benefit from any additional protections offered by manufacturers.

8. Limitation of Liability

8.1 General Liability Limitations

Touch Bespoke Joinery Limited’s responsibility to the Customer, beyond the obligations under Clause 5 (Title to Goods) and subject to Clause 11 (General Terms), does not extend to any indirect loss such as lost profits, or to any additional costs, damages, charges, or expenses arising from the Goods or related to their use.

8.2 Exclusion of Additional Warranties

Except as expressly stated in this agreement and within the bounds of Clause 11, Touch Bespoke Joinery Limited expressly disclaims all other warranties or conditions concerning the Goods, whether implied by law, statute, or otherwise, including any warranties of fitness for a particular purpose or quality. This exclusion applies to the fullest extent permitted by law.

8.3 Cap on Liability

The total liability of Touch Bespoke Joinery Limited under this agreement, regardless of how it arises, will not exceed the total Price paid by the Customer for the Goods.

8.4 Incidental Damage During Installation

Touch Bespoke Joinery Limited cannot be held responsible for incidental damages to the installation site, such as walls, floors, and ceilings, including any disturbances to plaster or paintwork caused during the installation process. While we will endeavor to repair any damage we directly cause, we are not obliged to undertake comprehensive repairs.

9. Joinery Work

9.1 Customer Responsibilities in “Supply Only” Sales

In “supply only” transactions, it’s crucial that the Customer provides accurate measurements. Should inaccuracies in provided sizes necessitate amendments to joinery items, additional charges will apply to cover these changes.

9.2 Expansion and Swelling of External Joinery

Touch Bespoke Joinery Limited employs techniques to minimize expansion and swelling in external joinery products like gates, doors, and windows. However, we cannot be held liable for any natural expansion or swelling that occurs due to environmental conditions.

9.3 Finishing Costs

The costs for staining, spraying, or painting joinery items are not included in the price estimate or quote unless specifically mentioned. Please consider this when planning your project budget.

9.4 Natural Wood Variations

Timber, being a natural material, exhibits variations in colour and grain. While we strive to match these characteristics across items, slight differences should be anticipated. “Book matched” products, which require more precise colour and grain matching, may incur additional costs beyond a standard quote.

9.5 “Machine Only” Works

For projects involving “machine only” work:
- A detailed cutting list and marked boards are necessary to ensure accuracy. Absence of such documentation may lead to unavoidable waste, for which we cannot be held accountable.
- Standard industry tolerances of (+-) 0.5 mm apply to all machine work. We’ll communicate concerns about the quality of timber supplied for the proposed works, ensuring it meets the standards required for high-quality joinery.

10. Specific Goods

10.1 Care for Factory-Treated Joinery Items

Joinery items that arrive with a factory-applied equalising stain or primer require further treatment by the customer. Specifically, products must receive at least two coats of a high-quality wood stain. Primed joinery should be finished with a complete paint system. This additional treatment is crucial for preventing moisture ingress; failure to adequately paint or stain these items can lead to damage for which Touch Bespoke Joinery Limited cannot be held responsible. To ensure long-term protection, all external joinery must be fully decorated within one week of delivery or installation, with maintenance occurring at regular intervals.

10.2 Guarantee Limitations

The guarantee provided by Touch Bespoke Joinery Limited, as outlined, is contingent upon adherence to the care instructions specified in Clause 10.1. It does not cover damage to doors, windows, or other joinery resulting from excessive moisture absorption or from neglect or misuse by the Customer post-sale. Moreover, Touch Bespoke Joinery Limited’s liability under this guarantee does not cover the costs associated with removing, reapplying, or any other additional expenses related to the repair or maintenance of these items (this does not affect your statutory rights).

11. General

11.1 Warranty and Liability

Touch Bespoke Joinery Limited’s liability for breaching warranties detailed in Clause 5, or for any breach of warranty regarding title and quiet possession as implied by the Sale of Goods Act 1979, remains unaltered by these Conditions. This ensures our commitment to quality and rightful ownership of the Goods sold under the terms of this agreement.

11.2 Health and Safety

Our liability for death or personal injury resulting from fraudulent misrepresentation, negligence by Touch Bespoke Joinery Limited, or our employees or agents, is not limited or excluded by these Conditions. Your safety and trust are paramount.

11.3 Compliance with Laws

The Goods supplied by Touch Bespoke Joinery Limited must not be used for illegal or unauthorized purposes. Additionally, your use of our Goods and Services should not contravene any laws within your jurisdiction, including copyright laws.

11.4 Restrictions on Use

Without our express written permission, you are not permitted to reproduce, duplicate, copy, sell, resell, or exploit any aspect of our Service, including use of the Service, access to the Service, or any contact on the website through which the Service is provided.

11.5 Pre-installation Requirements

Before scheduling or beginning any installation work, the Buyer must have received and thoroughly inspected the Order for any defects or missing parts. This precaution ensures that all Goods meet your expectations and requirements before installation commences.

12. Default by Customer

12.2 Consequences of Default

In the event that the Customer fails to fulfill their obligations to Touch Bespoke Joinery Limited, or if the Customer faces legal or financial difficulties such as:

Breach of agreement with Touch Bespoke Joinery Limited.
Seizure of assets due to debt.
Attempts to negotiate with creditors or commit acts suggesting bankruptcy.
For companies: Proposals or actions towards winding up, except for solvent restructuring, appointment of a receiver for company assets, or signs of insolvency.

Then, Touch Bespoke Joinery Limited retains the right, without affecting any other remedies we may have, to either:

Immediately terminate any ongoing contracts with the Customer.
Suspend or cancel the delivery of any Goods yet to be supplied under any agreement.

This clause is designed to protect both parties in the face of significant financial or legal difficulties, ensuring that Touch Bespoke Joinery Limited can take necessary actions to mitigate risks associated with the Customer’s default or potential insolvency.

13. Change Control

13.1 Requesting Changes

Should either party propose adjustments to the scope or execution of the services, Touch Bespoke Joinery Limited commits to providing, within a reasonable timeframe, a written estimate detailing:
- A. The anticipated time needed to implement the change.
- B. Any changes to the charges by Touch Bespoke Joinery Limited as a result of the requested change.
- C. The overall impact of the proposed change on the existing contract terms.

13.2 Implementing Changes

Touch Bespoke Joinery Limited will only proceed with implementing the requested changes once both parties have agreed in writing to any adjustments in charges and revised contract terms necessary to accommodate the change.

13.3 Deposit and Payment Adjustments

For any approved changes, Touch Bespoke Joinery Limited requires a 50% deposit of the variation cost, or the adjustment will be added to the remaining balance due. All variations and associated costs must be approved in writing by the client.

13.4 Charges for Assessment

Touch Bespoke Joinery Limited reserves the right to charge for the time spent assessing a change request, based on our standard daily or hourly fee rates. This ensures fairness and transparency in managing the process of changes.

14. Governing Law, Jurisdiction, and Complaints

14.1 Governing Law

The contract, including matters outside of contractual obligations, is subject to the laws of England and Wales. This foundation ensures that both parties have a clear understanding of the legal framework within which they are operating.

14.2 Jurisdiction

Any disputes arising from or related to the contract can be brought before the courts of England and Wales. For Customers residing in Scotland or Northern Ireland, disputes may be submitted to the courts of Scotland or Northern Ireland, respectively. This provision ensures access to legal recourse in a manner that considers the Customer’s location.

14.3 Dispute Resolution and Complaints

At Touch Bespoke Joinery Limited, our aim is to prevent disputes through clear communication and high-quality service. Should a complaint arise, we encourage Customers to reach out to us directly. We are committed to addressing and resolving complaints efficiently, with a goal to propose a fair solution within 7 working days. This approach is part of our dedication to maintaining positive and productive relationships with our Customers.

15. Prohibited Uses

15.1 Usage Restrictions

In the interest of maintaining a safe and lawful environment, users are strictly prohibited from engaging in the following activities on our site and with our content:

a. Engaging in any activity that is unlawful or encourages illegal acts.
b. Soliciting others to participate in unlawful activities.
c. Violating any laws or regulations at any level—international, national, or local.
d. Infringing on intellectual property rights, whether they belong to us or to others.
e. Participating in any form of harassment, abuse, defamation, or discrimination.
f. Publishing or transmitting false or misleading information.
g. Introducing malicious software that could harm the website, its users, or the internet’s broader ecosystem.
h. Tracking or collecting personal data of others without consent.
i. Engaging in spamming, phishing, or other deceitful practices.
j. Using the service for any obscene, immoral, or unethical purpose.
k. Attempting to breach or circumvent our security and privacy features.

Enforcement

l. We reserve the right to terminate or restrict access to our service for anyone found in violation of these restrictions. Our commitment to upholding these standards is unwavering, as we aim to ensure a secure and respectful platform for all users.

16. Privacy

16.1 Commitment to Your Privacy

Your privacy is of utmost importance to us. We are dedicated to respecting and protecting your privacy in compliance with the General Data Protection Regulation (GDPR) and any relevant data protection laws.

16.2 Policies and Practices

Our Terms and Conditions are complemented by detailed policies, including our privacy and cookies policies, which are accessible here: Privacy Policy. We encourage you to review these to understand how we handle your personal information.

16.3 Definitions and Roles

a. Data Protection Laws: Refers to any laws and regulations related to the processing of Personal Data, including the GDPR and any national implementing laws.
b. GDPR: Stands for the General Data Protection Regulation (EU) 2016/679, a key legal framework for data protection.
c. Terms like Data Controller, Personal Data, and Processing are defined as per the GDPR.
d. Touch Bespoke Joinery Limited acts as a Data Controller for the Personal Data we process when providing Goods to you.

16.4 Our Obligations

In managing your Personal Data related to the provision of Goods, we adhere to the following principles:
- a. We clearly state the purposes for collecting Personal Data at the time of collection.
- b. Personal Data is only processed for the stated purposes.
- c. Your rights regarding your Personal Data are fully respected.
- d. We implement robust technical and organizational measures to safeguard your Personal Data.

16.5 Contact for Privacy Concerns

Should you have any questions or concerns about how we handle your data privacy, please feel free to reach out to our Data Protection Officer via email at [email protected].

Let’s refine the section on links to other websites for better clarity and succinctness, ensuring users understand the nature of external links and Touch Bespoke Joinery Limited’s position regarding such content:

17. Links to Other Websites

17.1 Website Links Disclaimer

Our website may feature links to external sites not operated by Touch Bespoke Joinery Ltd, known as “Third Party Websites.” We do not control these sites and are not responsible for their content, including any links contained within them or any changes or updates. Our inclusion of these links does not imply endorsement of the site, its operator, or its content (“Third Party Material”).

17.2 Liability and Warranties

Touch Bespoke Joinery Limited expressly disclaims, to the fullest extent permitted by law, all warranties, representations, and responsibilities regarding:
- a. The quality, accuracy, merchantability, or fitness for a particular purpose of Third Party Material or products or services offered through Third Party Websites.
- b. The assurance that Third Party Material does not infringe on the intellectual property rights of any party. We do not authorize the reproduction of Third Party Material by providing links to such material on our website.

18.3 Linking to Our Website

You are welcome to link to our website provided that such links are fair and legal and do not damage or take advantage of our reputation. However, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.

19. Changes to Terms and Conditions

19.2. Touch Bespoke Joinery Limited reserves the right to update, modify, or otherwise alter these Terms and Conditions at any time without prior notice. Such changes may reflect updates to our practices, legal requirements, or improvements in our service and communication with you.

19.3. Your responsibility is to review our Terms and Conditions periodically to stay informed of any updates. Continued use of our website, services, or products after any such changes have been made will be considered as your acceptance of those changes.