EBWB™
TERMS + CONDITIONS
Contents
4 Your privacy and personal information
5 Ordering EBWB™ products from us
9 Limitation of Liability and Indemnity
18 Title and intellectual property rights
Please read the following important terms and conditions before you buy anything on our website and check that they contain everything which you want and nothing that you are not willing to agree to.
Summary of some of your key rights:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you’re entitled to the following: up to 30 days: if your goods are faulty, you can get a refund; up to six months: if it can’t be repaired or replaced, then you’re entitled to a full refund in most cases; up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back. The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully. |
This contract sets out:
Your legal rights and responsibilities; and our legal rights and responsibilities; and certain key information required by law.
In this contract: ‘We’, ‘us’ or ‘our’ means EASY BEND WOODEN – EBWB™; and ‘You’ or ‘your’ means the person using our site to buy goods from us.
If you don’t understand any of this contract and want to talk to us about it, please contact us by:
email info@woodolex.com emails will usually be responded to within 24 hours, Monday to Friday: 8:00 am to 6.00 pm.
Who are we?
We are EASY BEND WOODEN BOARD™ EBWB™ trading names of WOODOLEX Limited company registered in England and Wales under number 12180299 Trademarks of WOODOLEX Limited include: WOODOLEX™ EASY BEND WOODEN BOARD™ EBWB™ EASY BEND BOARD BENDS TIME AND MONEY™ Our registered office is at: Unit J, Field Way, Unit J, Field Way, Greenford, London, UB6 8UN Our VAT number is: 345432901 Our website Internet address is: www.woodolex.com (the “website”) |
At EBWB™ we believe in great customer service and as such we are dedicated to your complete satisfaction. Should there be any comments regarding how we can improve our service, or any complaints or issues, please feel free to email us using the email link on our site pages. Your statutory rights will not be affected.
As used in this Agreement, the following terms shall have the following meanings:
“goods” or “products” means the product(s) you are purchasing under the contract as described on the website and stated in your order;
“services” means any services you are purchasing under the contract as stated in your order, including any limited warranty, if applicable, we provide to the original purchaser of the goods.
By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
read the acknowledgement email; or
Contact us using the contact details at the top of this page.
The key information we give you by law forms part of this contract (as though it is set out in full here).
If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
Your privacy and personal information
Our Privacy Policy is available at www.woodolex.com/privacy-policy.
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
Ordering EBWB™ products from us
All WOODOLEX™ Limited marketed through our website are manufactured, packaged, prepared, and shipped by us in accordance with our internal specifications and requirements the intellectual property of which is protected as trade secrets and by copyright law. We have the strictest, quality control standards relating to the product(s) weight, colour, consistency, content, labelling and packaging. In conformity with the terms and conditions of this agreement in particular clauses – warranty – and – clause 8 – guarantee – all WOODOLEX™ Limited are sold subject to the conditions set out in Appendix A.
5.1.1 To purchase any of our products, just browse through our website and when you find the item you require just click the add to cart button. This will select the chosen product(s) and add it to your Shopping cart. You can continue browsing through the store for other items to add to the Shopping cart or proceed to the Checkout. The Checkout and your Shopping cart contents are located at the top right of the web pages. To purchase your selected item(s) just click the Checkout link at the top right of the web page and follow the online instructions to complete your secure purchase.
Here at www.woodolex.com all major credit cards are accepted; Visa, Visa Delta, Mastercard, Switch, Solo, Visa Electron and PayPal. Cheques made payable to WOODOLEX™ Limited are accepted but please allow 5 working days for clearance before we can ship any item(s).
A confirmation invoice receipt will be sent to the email address you enter when purchasing your items when payment has been received. This indicates the item(s) purchased from us, and does not represent a binding contract between us exists. This term is solely included to protect us should there have been any mistake made with our pricing and it has been displayed inadvertently under-priced or that we can no longer obtain the items(s) for reasons beyond our control. Should there be any problem with the under-pricing of any item(s) purchased or we can no longer obtain the purchased item(s) we will always contact you. In both instances, a full refund will be offered. Your address and email details provided are only used by ourselves to fulfil your purchase and are not passed on to any other organisations.
EBWB™ products are manufactured by us strictly in accordance with our internal specifications using our trade secrets and know-how.
EBWB™ reserves the right without notice to substitute product(s) other than those mentioned in the contract. All drawings, descriptive matter, weights, dimensions, specifications, brochures, catalogues, price lists and all advertising matter are approximate and by way of identification only and are intended merely to present a general idea of the goods and / or services described therein and their use shall not in any circumstances render any sale a sale by description, nor shall they form any part of any contract.
While every care has been taken to ensure the accuracy of all the information provided on this site, woodolex.com cannot accept responsibility for any errors which may occur. Please note that measurements are provided simply as a guide only and may not be exact. Therefore we do not recommend doing any installation work prior to having the goods in your possession. Any building work carried out before having the goods in your possession is undertaken at your own risk and EBWB™ are not responsible for any errors or ill-fitting items which may occur as a result. It is good practice to have the goods in your possession before booking tradesmen and carrying out any building or building-related work.
EBWB™ reserves the right not to sell or in any way transfer EBWB™ products. Further EBWB™ has no obligation (absolute or contingent) to sell, or in any way transfer EBWB™ products to you if it believes based on its own subjective evidence that there is an actual, threatened or potential breach of this agreement and in particular clause 19 Title and Intellectual Property.
Beyond your statutory rights, WOODOLEX™ Limited does not provide any warranty that the EBWB’s ™ product(s), are of merchantable quality or are fit for a particular purpose, or that they meet any specifications and or generally described product characteristics at the time of delivery unless such specifications and or characteristics have been specifically confirmed as under warranty to you by WOODOLEX™ Limited.
All drawings as specifications are and shall remain the property of EBWB™ and must not be copied, reproduced, divulged either directly or indirectly to any other person without EBWB’s ™ prior permission.
Subject to the conditions set out in Appendix A WOODOLEX™ Limited guarantees our EBWB™ products against defects in materials and/or workmanship for a period of twelve months (12) from the date of delivery if you satisfy EBWB™ that you have at all times operated strictly in accordance with the conditions set out n Appendix A. Under no circumstances shall EBWB™ be liable for normal wear and tear and EBWB’S™ obligations under this guarantee are limited in EBWB’S discretion to either the replacement or repair of the product(s), or the giving by the EBWB™ of credit to the invoiced value of the product(s). The Guarantee shall only operate if you notify EBWB™ in writing of the intention to make a claim under the Guarantee within 7 days of the discovery by you of any defect in the goods.
Limitation of Liability and Indemnity
Limitation of Liability – Your attention is particularly drawn to this clause. We are not responsible for the following: a) Loss due to the acts or neglect of any other person including you. b) Delays, interruptions or suspensions in providing the services, which are due to any other person including you, thing or event which we could not reasonably be expected to prevent. c) Loss or damage due to the goods supplied by us d) Damage unavoidably caused to decorations, fittings and the like at the premises as a result of us providing the installation and maintenance services. e) Losses due to you failing to follow our recommendations.
Our total liability to you in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount you paid for the product(s).
Nothing in this contract shall limit or exclude our liability for: a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; b) fraud or fraudulent misrepresentation.
Notwithstanding anything expressed in or implied by this contract, to the extent permitted by law you shall indemnify, keep indemnified and hold harmless EBWB™ from any and all loss or damage suffered by or claimed from EBWB™, caused by you.
The price of the product(s) is stated on the face of the invoice (the “Price”). In the event of any changes after the order was placed EBWB™ reserves the right to adjust the sale price accordingly. Prices are inclusive of VAT. EBWB™ reserves the right to require invoices to be paid by direct debit, to demand down payments and/or to assign its debts to a factoring firm. If an invoice has not been paid by the due date, EBWB™ may demand immediate payment. In addition, late payment interest at the rate of 10% above the Barclays Bank Base rate. In any event, you shall pay the undisputed amount of any disputed invoice.
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email) using the contact details at the top of this contract. You may use the model cancellation form available here https://www.woodolex.com/modelcancellationform, but it is not obligatory.
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.
Your cancellation right does not apply to products which were made to your specifications or are clearly personalised. This may include bespoke products. We may however, at our sole discretion, offer a 50% refund if you wanted to cancel the contract for any such bespoke or personalised products.
In the situation where we agree to provide services, then you confirm that you request the services begin before the end of the cancellation deadline, and you agree that if you subsequently cancel, you shall pay us an amount for such services which is in proportion to what services have been performed until you cancelled, in comparison with the full coverage of the contract. You agree to pay such amount on demand, and you agree that we may deduct such amount from any refund which we are obliged to make to you.
If you cancel this contract, we will reimburse you in full subject to delivery charges on a case by case (for example we do not reimburse expensive or international delivery charges).
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.
We will make the reimbursement without undue delay, and not later than:
14 days after the day we received back from you any goods supplied; or
(if earlier) 14 days after the day you provide evidence that you have returned the goods; or
if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
12.1 If you have received goods:
We will collect the goods OR you shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired;
Will have to bear the direct cost of returning the goods. The cost is estimated at a maximum of approximately £[insert amount]]; and
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
All our products displayed on our site will be delivered at cost to UK mainland and international addresses. All items are despatched through independent couriers and require a signature upon receipt. Delivery hours are generally Monday to Friday 8.30am to 6.00pm. Specific time slots are not available. Should there be no one available to sign for goods, a card will be left with a telephone number of your local depot who can be contacted to arrange a redelivery to your address at a mutually agreeable date. Some places may incur additional delivery charges, this will always be agreed upon prior to despatch. Overseas shipping can be arranged at an extra cost, please contact us for current prices and further details.
Please note that couriers UK wide are only contracted/insured to deliver kerb/roadside, therefore, you may have to bring the product(s) into your property yourself.
Delivery schedules are as stated by each product, these are available either on the website or written on our invoice.
EBWB™ advise against booking any builders prior to receipt of your items and until they have been checked. EBWB™ cannot be held liable in any way for any builders’ costs or compensation. We cannot compensate in any way for costs incurred for time off work in the unlikely event an item(s) does not arrive on the expected delivery date due to reasons beyond our control.
Please inspect our products for transit damage and notify us of any problems within 3 working days of receipt of items. EBWB™ cannot be held responsible for damages or missing items reported after this time.
The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:
are of satisfactory quality;
are fit for purpose;
match the description, sample or model; and
are installed properly (if we install any goods).
We must provide you with goods that comply with your legal rights.
The packaging of the goods may be different from that shown on the site.
While we try to make sure that:
all weights, sizes and measurements set out on the site are as accurate as possible, although there may be a small tolerance in weight or size it will not make a material difference; and
the colours of our products are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.
Any products sold:
at discount prices;
as remnants; or
as substandard;
will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
If we can’t supply certain of our products we may need to substitute them with alternative goods of equal or better standard and value. In this case:
we will let you know if we intend to do this but this may not always be possible; and
you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
We will try to resolve any disputes with you quickly and efficiently.
If you are unhappy with:
the goods;
our service to you; or
any other matter,
please contact us as soon as possible.
If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
Let you know that we cannot settle the dispute with you. All disputes arising out of or in connection with the Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. English Law shall govern the arbitration.
If for any reason the above arbitration clause should be ruled unlawful and you want to take court proceedings, you must do so in the Courts of England.
The laws of England will apply to this contract.
No one other than a party to this contract has any right to enforce any term of this contract. However, if a person acquires the goods lawfully from you, you may transfer our guarantee to that person. This also applies where we have provided services in respect of an item you have transferred.
Title and intellectual property rights
18.1 When you purchase our product(s) you also purchase a license to use our product(s) including reselling our product(s) but the intellectual property in our products including but not limited to trade secrets, copyright and trademarks remains our property. You may not resell our products as though they are manufactured by you (i.e., use any of our registered or unregistered trademarks to market or resell) or imply that you are authorised by us to resell them in any way whatsoever without our written consent.
18.2 Our products are protected by copyright and other intellectual property laws and treaties including trade secret laws. You may not, and you agree not to or enable others to, copy (except as expressly permitted by this license or by any specific usage rules agreed by us with you in writing, decompile, reverse engineer, disassemble, or create derivative works of our products whether purchased through our website or obtained by you through any other means without our written consent.
18.3 If for any reason you should have access to and become acquainted with various trade secrets including items such as drawings, processes, techniques, or specifications which are owned by us and used by us to create, market and sell our products directly or indirectly you are strictly forbidden from disclosing such secrets directly or indirectly or use them in any way whatsoever except as authorised by us in writing.
In the event of any actual or threatened breach of this clause 19, you acknowledge and understand that we may immediately seek injunctive relief as well as pursue you for damages including special and exemplary damages and all other legal remedies available to us.
Please state that you have read and agreed to our terms and conditions before you continue. You must accept the terms and conditions to continue with your purchase.
☐ I agree to these EBWB™ terms and conditions.
Mailing list consent
We would like to send you occasional news and updates about by email, text message and other electronic means, phone and post. For more information on how we collect and process personal data, see our Privacy policy. To join our mailing list, simply tick one or more of the boxes listed below. You can unsubscribe at any time by:
—contacting us at Unit J, Field Way, Unit J, Field Way, Greenford, London, UB6 8UN.
—using the ‘unsubscribe’ link in emails or ‘STOP’ number in texts
Yes, I would like to receive news and updates from EBWB™ via:
☐ text message and other electronic means
☐ phone
☐ post
Appendix A
Your purchase of all EBWB™ products and any reliance on contractual rights, statutory warranties under the Supply of Goods and Services Act 1982 and the Sale of Goods Act 1979, including an implied warranty as to satisfactory quality and fitness for purpose or on any WOODOLEX™ Limited guarantee shall be interpreted subject to the following disclosures and conditions:
The EBWB™ product is a decorative material. the EBWB™ product(s) are not structural or load-bearing materials. WOODOLEX™ Limited, with the exception of statutory provisions which cannot exclude death or personal injury caused by negligence under contract, we are not responsible for accidents, injuries or fatalities that may occur if you use the EBWB™ product(s) for non-decorative purposes.
We are not responsible if the EBWB™ product is abused, misapplied, subject to negligence, accident, improper installation, improper storage, improper or handling, or used under abnormal condition or used in the way against the WOODOLEX™ Limited’s product instruction.
We are not responsible for any reset, modification or alteration not done by WOODOLEX™ or a third Party not authorised by WOODOLEX™.
We are not responsible when the EBWB™ product is used together with a third-party product, without the prior approval from EBWB™.