Terms & Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our site forestfox (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
PLEASE UNDERSTAND THAT IF YOU REFUSE TO ACCEPT THESE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO ORDER ANY PRODUCTS FROM OUR SITE.
1. INFORMATION ABOUT US
1.1 forestfox is a site operated by Cambs Valley Ltd under the trading name forestfox_trading (we/us). We are registered in England and Wales under company number 04803524 and with our registered office at Whit Leather Lodge Barn, Woolley Road, Spaldwick, Huntingdon, Cambridgeshire PE28 0UD. Our main trading address is RWH Warehouse, Station Lane, Offord Cluny, Huntingdon, Cambs PE19 5ZA. Our VAT number is 828048616.
1.2 Our normal hours of business are Monday to Friday 8.30am to 5pm. You may contact our Customer Services Helpline with any queries on 01480 813802 (available Monday to Friday, 10am to 4.30pm). Please note that notwithstanding a call to our Customer Services Helpline all issues must also be notified to us in writing in accordance with clause 12 as a matter of record. This will serve as proof of your call.
1.3 The forestfox_trading team prides itself on its dedication to the best customer care possible. Check our feedback comments to see how highly rated we are by our customers.
2. YOUR STATUS
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer by you to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation. We reserve the right to refuse to accept any order placed.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
3.3 Where any of the Product(s) require a choice of colour you should clearly state the choice of colour on your Paypal invoice. Failure to provide this information, or providing it by any other means, may result in your order being delayed.
3.4 Please note that all furniture items are flat packed unless otherwise stated and do not arrive fully assembled.
3.5 All samples, drawings, descriptive matter, specifications and advertising issued by us and any descriptions or illustrations contained on our site are published for the sole purpose of giving an approximate idea of the goods described in them. They shall not form part of the contract between you and us.
4. CONSUMER RIGHTS
4.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 8 below).
4.2 To cancel a Contract, you must inform us in writing in accordance with clause 12 below. You must wait for us to provide to you a Returns Authorisation Number. Upon receipt of the Returns Authorisation Number you must return the Product(s) to us immediately at our trading address in clause 1.1 above along with:
(a) the Returns Authorisation Number;
(b) the item number;
(c) your ebay user ID;
(d) the date of purchase; and
(e) your name and contact number.
4.3 All Products returned must be in the same condition in which you received them, in their original packaging, unopened, and at your own cost and risk. If the Product(s) are not returned in their original packaging or are opened, a restocking fee of either 5% of the purchase price or a £2.99 ebay relisting fee (whichever is the higher) shall apply. If any of the Product(s) returned have been assembled or used, you will have 14 days from us giving to you notice in writing, to either collect the Products from our trading address at clause 1.1 above, or to pay for return delivery to you. After 14 days we will dispose of any unclaimed Product(s) without refund of the purchase price.
4.4 You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4.5 You must inform us in writing of any damage or missing parts within 36 hours of delivery. If you fail to comply with this obligation we may have a right of action against you for compensation. Any claim for damage, missing parts or for unwanted items must be made in writing in accordance with clause 12. Missing parts can take up to 28 days to obtain from the manufacturer.
4.6 We do not accept returns for timber products that have cracked or splintered during their natural ageing process without any effect on their structural properties.
4.7 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
5. AVAILABILITY AND DELIVERY
5.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. Time for delivery shall not be of the essence.
5.2 Save for auctions that feature our A1 Catalogue Returns items, you may collect items direct from our warehouse situated at the trading address at clause 1.1. If the item you purchased states free postage, collection is free. If the item you purchased states a postage charge is payable, then a warehouse handling fee of 10% is payable on collection.
5.3 Orders are usually dispatched on the date of Dispatch Confirmation when ordered before 12:00 noon. If this is not possible due to high levels of demand, orders will be dispatched the next day or as soon as reasonably possible thereafter. Items delivered by courier are delivered 8:00am to 6:00pm, Monday to Friday (excluding bank holidays). We can supply a consignment number for tracking of your deliveries, however we are unable to specify exact times of delivery. You may inform us on your order of a safe place to leave items upon delivery. We will forward your instructions to the courier, however, any items left at that place will be at your own risk.
5.4 Item stated as ‘next day delivery’ are sent via Citylink, DHL or Fastway Couriers. We accept no responsibility for the late arrival of the Product(s) due to any fault on your part or on the part of the courier. This includes, but is not limited to, where the courier is unable to locate the property, where you have not provided a suitable contact number, the Product(s) being sent to an incorrect depot, where there are high levels of demand or where the order is placed after 12:00 noon. We will not refund the delivery fees paid in any such circumstances.
5.5 Larger items stated as 7 or more days delivery will be dispatched via pallet delivery or private courier, and may require assistance on delivery. A member of staff will contact you to arrange a delivery date within this period. Please allow 1 to 3 working days for delivery from the date of dispatch. If you require a specific delivery date an additional charge is payable in addition to the normal delivery charge.
5.6 Items will be delivered by courier. If the first attempt at delivery is unsuccessful the courier will provide you with a non-delivery card with contact details. You must then contact the courier within 5 days to re-arrange delivery for another suitable working day. If you fail to do so the Product(s) will be returned to us. You will then be charged for the return charge and re-delivery charge. If you do not wish to have the item redelivered you will be refunded the purchase price less all delivery charges and an administration fee of 20% for restocking.
5.7 Where you receive from us, from ebay or from the courier, notice that an order has been dispatched and you do not receive that order or a non-delivery card within two working days of the notice, you must contact us immediately to enable you to organise a re-delivery in accordance with 5.6 above.
5.8 All items must be checked for damage by you before accepting and signing, when delivered by courier. If you are unable to do this, the Products must be signed as ‘possibly damaged’ or refused. Even if the courier will not allow you to check the items please sign underneath your signature with 'possibly danaged'. Failure do do this will make any possible future damage claim invalid as you have signed a legal document to state your item arrived in perfect condition. Please do not sign as ‘unchecked’ as this will invalidate any claim for damage in transit. You must check that the number of items ordered is the same as the number of items delivered by the courier before accepting and signing. We will not be responsible for any missing items or shortages in delivery where you have signed as receiving the number ordered.
6. RISK AND TITLE
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7. PRICE AND PAYMENT
7.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
7.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due, as set out in each Product listing.
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
7.6 Payment for all Products must be by credit or debit card, cheque, postal order or banker’s draft. Any credit or debit card must be registered to the delivery address provided otherwise payment cannot be accepted. Cheques, postal orders or banker’s drafts must be accompanied with your ebay user ID, name, contact number and item number to prevent any delay in processing your order.
7.7 We will charge your credit or debit card upon sending of the Dispatch confirmation. All cheques are to be made payable to “Cambs Valley Ltd”. When paying by cheque the Product ordered will not be dispatched until 10 to 12 working days from payment to allow funds to clear.
8. OUR REFUNDS POLICY
8.1 When you return a Product to us:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 4.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full. You will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because have notified us in accordance with paragraph 18 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us, except if not following 8.1 (c).
(c) As a company we apologise if you do have a damaged item and would like to replace rather than refund. We will endevour to replace any damaged item and we will collect and replace at no extra cost to the customer. We will at our descretion at times replace only faulty parts and not replace the whole item. If we cannot locate replacements we will refund as stated in 8.1 (b). If you refuse our offer of a replacement item or parts then you will be responsible for any cost involved in returning the item to us. A full refund of the item price and original p&p will be given within 28 days from receipt of the item back at our warehouse.
8.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9. OUR LIABILITY
9.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
9.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
9.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data, or
(f) waste of management or office time
however arising and whether caused by tort (including negligence), breach of contract or otherwise.
10. IMPORT DUTY
10.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
10.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. NOTICES
All notices given by you to us must be given to forestfox_trading via sales@forestfox.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15. WAIVER
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
16. SEVERABILITY
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
17.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.2 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time to time.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19. THIRD PARTIES
Neither you nor us intend that any term of the contract between us shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
20. LAW AND JURISDICTION
Contracts for the purchase of Products through our site shall be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
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