Terms & Conditions

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Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01245 809268.

Application

  1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Touch Bespoke Joinery Limited whose trading name is Touch of DIY a company registered in England and Wales under number 8430831 whose registered office is at Touch Bespoke Joinery, Unit 10 Runwell Hall Farm, Hoe Lane, Chelmsford, Essex, CM3 8DQ with email address sales@touchofdiy.com; telephone number 01245 809268; (the Supplier or us or we).
  2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

  1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
  2. Contract means the legally-binding agreement between you and us for the supply of the Goods;
  3. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
  4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
  5. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
  6. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
  7. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
  8. Website means our website www.touchofdiy.com on which the Goods are advertised.

General Conditions

  1. You may not use our goods for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  2. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
  3. The Buyer must not schedule or commence any installation work until after the Buyer has received its Order and checked all the Goods for any defects or missing parts.

 

Goods

  1. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
  2. The images of the Goods on our website are for illustrative purposes only. Although we have made every effort to display the product accurately,
    1. We cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Goods.
    2. We cannot guarantee that your Goods will look exactly the same as the one shown in photo.
    3. Your Goods may vary slightly from those images.
  3. Although we have made every effort to be as accurate as possible, because some of our Goods are handmade or made from natural materials, colours and grain patterns will vary and our Goods may suffer from knots and minor splitting on the surface and edges of the panel or timber Goods which has occurred beyond our control. All sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance on, width and thickness measured at the point of manufacture. Because it is impracticable to convert precisely from one measure to another we only cut material in millimetres, so please ensure any conversion from inches to millimetres is correct, all metric surface dimensions and thickness being subject to normal manufacturing tolerances
  4. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
  5. All Goods which appear on the Website are subject to availability.
  6. We can make changes to the Goods at any time to modify or discontinue the service (or any part of the content thereof) without notice at any time.
  7. Certain Goods or services may be available exclusively online through the website. These Goods or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
  8. We do not warrant that the quality of any Goods, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
  9. Title to the Goods shall not pass to the Buyer until the Seller has received payment in full for the Goods and all other sums which are, or which become due to the Seller for sales of Goods to the Buyer.

Personal information

  1. We retain and use all information strictly under the Privacy Policy.
  2. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale Consumer

  1. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to notify you the reason without delay.
  2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
  3. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
  4. Any quotation is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.
  5. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
  6. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer.

Basis of Sale Business Customer additional to Consumer

  1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
  2. These Terms and any document expressly referred to in them, including our Privacy Policy, Terms of Website Use and Acceptable Use Policy constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
  3. You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
  4. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

Price and Payment

  1. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
  2. Prices and charges include VAT at the rate applicable at the time of the Order.
  3. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
  4. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
  5. Prices for our products are subject to change without notice.
  6. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
  7. Goods will remain with the Seller until such time as all Goods are ready for despatch and paid for in full.

Delivery

  1. Unless the Buyer tells the Seller it wishes to collect the Goods, the Seller will deliver the Goods in accordance with the Order. A valid signature will be required on collection or delivery.
  2. Deliveries may be in more than one consignment which could mean receiving deliveries at different times.
  3. Seller will always have the right to make partial deliveries.
  4. Free Delivery over £80 Including VAT only applies to Emuca products.
  5. General delivery times for orders placed before 12.00pm:
    1. Emuca Products: 7-10 Working Days.
    2. MDF Sheets: 5-7 Working Days.
    3. MDF Cut To Size: 5-10 Working Days.
    4. MDF Spray Finishing: 10-15 Working Days.
  6. Your order will be fulfilled within ten (10) days of the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date plus ten (10) days because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
  7. If delivery is refused by anyone including you or anyone acting on your behalf, we will charge you for any carriage forwarding charges levied and also an administration charge of £20 +VAT. We will require payment of any such charge before delivery is attempted again.
  8. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
  9. In the unlikely event that the Buyer has not received all the Goods within ten (10) days of the estimated delivery date, the Buyer must notify the Seller immediately.
  10. When receiving your items, the delivery company will not deliver to your front door. They usually provide a kerbside delivery. This means that they will drive to the nearest access point possible to the intended address and you will be required to collect from there. We would always recommend that there is at least two (2) people at your selected delivery address to receive your delivery.

Risk and Title

  1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
  2. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Incidents

  1. Transportation incidents:
    1. The order arrives with “knocked package” symptoms. We will manage the process with the logistics operator. It will be necessary to inform us of the incident within 24-hrs from the delivery time, providing photos of the knocked package.
  2. Dispatch of incorrect products to your end customer:
    1. We will accept changing products sent incorrectly and we will cover the re-shipping costs provided that the customer informs of this situation within a period of 48-hrs from the date of receiving the consignment. You must provide a photo of the product and another photo of the product label if applicable. Once the necessary checks have been carried out, We will inform you about the possible collection of the product and its replacement.
  3. Defective products:
    1. In the event that you receive a defective Emuca product, and within a period of 30 calendar days following delivery, you can choose to cancel the order ,request a return or replacement of it (with the price paid returned) or to have a discount on the price of the product proportional to the defect. After 30 days it will not be possible to make any claims.
  4. Guarantee:
    1. In the event you receive a defective product, it will be necessary to contact us in to outline the problem with the product. Each case will be handled individually, and a solution will be provided as quickly as possible. In order to carry out this process you will need to have the following information: Order no., indicating the product to point out; a description of the problem with the product and photographs in the case of visible damage.

Withdrawal, returns and cancellation

  1. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
  2. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
    1. goods that are made to your specifications or are clearly personalised;
    2. wood or other materials cut to a length or measurements specified by you.
    3. Items finished sprayed.
    4. Wrong paint type, sheen or colour specified by customer.
    5. goods which are liable to deteriorate or expire rapidly.
  3. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
    1. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery. (e.g., wood that has been painted by customer.)

Right to cancel

  1. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
  2. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
  3. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). You can use the model cancellation form:
    1. Microsoft Excel model cancellation form template by clicking Here to download it,
    2. or if you would prefer to print of the form and send it by email or post please click Here to download a PDF version, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
  4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
  5. Effects of cancellation in the cancellation period, except as set out below:
    1. If you cancel this Contract, we will reimburse to you all payments received from you, excluding the cost of all carriage charges incurred on delivery outwards and inwards, and subject to a 10% handling charge to cover the cost of restocking the goods.

Deduction for Goods supplied

  1. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of reimbursement

  1. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
    1. 14 days after the day we receive back from you any Goods supplied.
  2. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
  3. We will make the reimbursement using the same means of payment as you used for the initial transaction.

Returning Goods

  1. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at Touch Bespoke Joinery trading as Touch of DIY, Unit 10 Runwell Hall Farm, Hoe Lane, Chelmsford, Essex, CM3 8DQ without delay and in any event not later than fourteen (14) days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to pay the cost of returning the Goods.
  2. For the purposes of these Cancellation Rights, these words have the following meanings:
    1. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
    2. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Successors and our sub-contractors

  1. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

  1. In the event of any failure by a party because of something beyond its reasonable control:
    1. the party will advise the other party as soon as reasonably practicable; and
    2. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.

Privacy

  1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
  2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy https://touchofdiy.com/privacy-policy/
  3. For the purposes of these Terms and Conditions:
    1. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
    2. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
    3. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
    4. We are a Data Controller of the Personal Data we Process in providing Goods to you.
  4. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
    1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
    2. we will only Process Personal Data for the purposes identified;
    3. we will respect your rights in relation to your Personal Data; and
    4. we will implement technical and organisational measures to ensure your Personal Data is secure.
  5. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: shane@touchjoinery.com.

Disclaimer of Warranties; Excluding liability

  1. The Supplier does not exclude liability for:
    1. any fraudulent act or omission;
    2. for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations.
    3. Subject to this, the Supplier is not liable for
      1. loss which was not reasonably foreseeable to both parties at the time when the Contract was made,
      2. loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
    4. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
    5. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
    6. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
    7. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
    8. In no case shall Touch of DIY, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
    9. If you are buying on behalf of a company, We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.

 

Prohibited Uses

  1. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
    1. for any unlawful purpose.
    2. to solicit others to perform or participate in any unlawful acts.
    3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.
    4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others.
    5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
    6. to submit false or misleading information.
    7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.
    8. to collect or track the personal information of others.
    9. to spam, phish, pharm, pretext, spider, crawl, or scrape.
    10. for any obscene or immoral purpose.
    11. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
    12. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Governing law, jurisdiction and complaints

  1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
  2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
  3. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 7 working days.

Links to other websites

  1. This website may contain links to other websites operated by third parties (“Third Party Websites”). Those Third Party Websites are not under the control of Touch Bespoke Joinery Ltd, and Touch Bespoke Joinery Limited does not endorse and is not responsible for any material on, or linked to from, Third Party Websites (“Third Party Material”).
  2. In particular, and to the extent permitted by law, Touch Bespoke Joinery Limited makes no warranties or representations:
    1. regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Websites; or
    2. that Third Party Material does not infringe the intellectual property rights of any corporation, organisation or person. Touch Bespoke Joinery Ltd is not authorising the reproduction of Third Party Material by linking material on this website to Third Party Material.

Trade marks, copyright and linking to this website

“Touch Bespoke Joinery Limited,” and all associated trademarks used on this website are registered or pending trademarks of Touch Bespoke Joinery Limited and/or its related entities. Copyright in the material on this website is owned or licensed by Touch Bespoke Joinery Limited.

Except where necessary for viewing material on this website on your browser, or as permitted under the Copyright Act 1968 (Cth)

Changes to Terms and Conditions

You can review the most current version of the Terms and Conditions at any time at this page.

 

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