Terms & Conditions

You should print a copy of the terms and conditions, or save them on your computer, for future reference.

The Website is owned and operated by Sherman & Young Timber Ltd.

Our company is registered in England with company number 3548636.

Our VAT registration number is 696 4916 73.

Our registered office address is Soughers Lane, Ashton-In-Makerfield, Wigan WN4 0JX.

You can contact us by email on admin@shermanandyoung.co.uk or by telephone on 01942 727 314.

The Website is only intended for use by customers resident in the United Kingdom. We do not accept orders from any customers outside of the United Kingdom.

Do not place and order with us unless:

• (a) You are legally capable of entering into binding contracts;
• (b) You have the necessary permission and authority to enter into this Contract;
• (c) You are at least 18 years old;
• (d) You are a resident in the United Kingdom (Mainland Only);

General

Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

All orders for goods accepted by Sherman & Young Timber (“the Vendor”) are accepted subject to the following conditions that shall form part of and govern the contract of sale.
Acceptance of goods shall be deemed to be acceptance of these conditions of sale. No agent or representative of the vendor has the authority to vary these conditions unless endorsed in writing by a Director of the vendor company.

Please note: All orders for products or services will be acknowledged but confirmation of the price shall (at all times) be when the order is accepted by the Vendor. Orders shall be shipped at the prices shown on the order acceptance, which shall normally be the price or cost as shown on our Web Site on the date of the order. Up to date prices can be found on our Web Site, which is continuously updated.

Terms: Orders are shipped with any delivery costs shown where appropriate.

Payment and Price

Payment is to be made via credit or debit card or other method shown as acceptable on this Web Site. No other methods of payment are acceptable unless otherwise agreed in writing by the Vendor and no goods shall be dispatched until payment has been made to and accepted by the Vendor. Credit card companies may require address verification (your credit card billing address) or other security information on web site transactions. Payments made through this website are processed via WorldPay, more details can be found in our Privacy Policy

Any incorrect information given may result in a delayed or cancelled order, for which the vendor accepts no responsibility.

The Vendor shall dispatch goods to the purchaser within 5 working days of receipt of payment. The Vendor shall notify the purchaser if there is any delay or if goods are unavailable, which may result in goods being delivered outside this period. In the event of a delay being more than 15 working days the Vendor shall offer the purchaser the right to cancel the order and shall make immediate refund to the purchaser of monies paid if the order is cancelled by the purchaser as a result of the delay.

In the event that any goods are unavailable the Vendor shall make a refund to the purchaser of monies paid, or notify the purchaser if only part of an order can be fulfilled; the Vendor shall then offer the purchaser the opportunity to accept part of the order. If the purchaser accepts part of the order the Vendor shall make refund to the purchaser of monies paid relating to the unavailable goods only. If the purchaser declines to accept part of the order a full refund of monies will be provided by the Vendor.

Our policy requires 100% prepayment in advance for any orders made from this web site. Such payments are not refundable once the merchandise is ordered except as shown in these terms.

Our Goods

The images of the Goods on Our site are for illustrative purposes only.  Although We have made every effort to display the colours accurately, We cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods.  Your Goods may vary slightly from those images.

Any samples, drawings, descriptive matters, or advertising produced by Us and any descriptions or illustrations contained in Our catalogues, brochures and / or website are produced for the sole purpose of giving an approximate idea of the Goods described in them.  They shall not form part of the Contract or have any contractual force.

Due to the nature of some of the Goods (being natural materials) there may be minor inconsistencies in relation to the grain, moisture content, colour, texture and profiles of tongue and groove as against any samples that We may provide and/or the Goods themselves.

To the extent that the Goods are to be manufactured in accordance with a specification supplied by you, or are items that are marked as “made to order”, you shall reimburse Us in respect of all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by Us in connection with any claim made against Us for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with use of the specification.  This clause 2.4 shall survive termination of the Contract.

We reserve the right to amend the specification if required by any applicable legal requirements.

Although We have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 6% tolerance.
The packaging of the Goods may vary from that shown on images on Our site.

You acknowledge and accept that We are a supplier of the Goods only and nothing is to be taken as a representation, warranty or otherwise that We have provided any advice to any third party in relation to the use, installation or suitability of the Goods for your particular purpose upon which you are entitled to place any reliance.

Delivery

Our deliveries are made by one man to your “kerbside”. You will require an able bodied adult at the delivery address to help unload.
Delivery shall occur when the goods are ready for unloading at the delivery address.

Any dates and times we specify for delivery of the goods are an estimate. We shall not be liable to you if we do not deliver on or at any particular date or time. Time for delivery shall not be made of the essence by notice.

We will deliver to site provided that there is a suitable road to the point where delivery is requested. If no such road exists, delivery will be made to the nearest point at which, in the driver’s opinion, the vehicle can safely and lawfully unload. Except where we use a vehicle-mounted crane/fork truck, you shall be responsible for safely and lawfully unloading the goods and shall provide all necessary labour and equipment. We may charge you an additional fee if you delay in taking delivery of the goods when tendered. If any goods, packaging or container has been delivered and deposited, whether on the public highway or elsewhere, you shall be responsible for all steps that need to be taken for the protection of persons or property in relation to such goods, packaging or containers and shall indemnify us in respect of all or any costs, claims, losses or expenses which we may incur as a result of such delivery.

We shall not be liable for any shortages in quantity delivered unless you give written notice to us of such shortages within two working days of delivery. In any event our liability shall be limited to making good the shortfall or (at our option) issuing a credit note or refund at the pro rata contract rate against any invoice raised for such goods.

We may deliver the goods by separate instalments. Each instalment shall be a separate contract and cancellation or termination of one instalment shall not entitle you to cancel any other instalment.
If you fail to accept delivery of any goods when they are ready for delivery, or we are unable to deliver the goods because you have not provided appropriate instructions, documents or consents, we shall be entitled to immediate full payment and risk in the goods shall pass to you. We may store such goods until delivery and you shall be liable for all related costs and expenses arising from such non delivery including transport and storage costs.

Any query about delivery shall be made as soon as possible and in any event within twenty eight days of the date when the goods would in the ordinary course of events have been delivered else the goods shall be deemed to have been delivered in accordance with the contract.

We shall not be responsible for taking back any non-chargeable packaging/pallets.

Rates (charges inclusive of VAT)

WN postcodes: £5 for orders under £100 inc VAT. FREE for orders over £100 inc VAT

PR postcodes: £20

BB postcodes: £25

FY postcodes: £25

BL postcodes: £20

M postcodes: £20

L postcodes: £20

WA3, WA9, WA10, WA11, WA12: £10

WA1, WA2, WA4, WA5, WA6, WA7, WA8, WA13, WA14, WA15, WA16: £20

Orders over £500 inc VAT will be shipped for free to these postcode ranges.

Liability

Liability for any claim for damage by the purchaser shall diminish with delay in notification to the vendor and the purchaser should notify the vendor of any damage to goods within 5 working days of delivery. This period may be extended at the sole discretion of the vendor or where the manufacturer’s replacement policy extends the deadline.

The vendors liability may diminish in the event of a delay in notification by the purchaser to the vendor of missing items within a reasonable period from the date of delivery and such notification should be made within 28 days of delivery.

In the event that goods differ in quantity or description from those ordered the purchaser shall notify the vendor in writing within 28 days and failure to do so could diminish the liability of the vendor.

In the case of manufacturers who operate direct product support and returns procedures, the purchaser accepts an obligation to process their claim directly through the manufacturer.

Events out of our control

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 an Event Outside Our Control. An Event Outside Our Control is defined below.
2. An “Event Outside Our Control” means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
3. If an Event Outside Our Control takes place that affects the performance of Our obligations under a Contract:
   1. We will contact you as soon as reasonably possible to notify you; and
   2. Our obligations under a Contract will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
   3. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact Us. If you opt to cancel, you will have to return (at Our cost) any relevant Goods you have already received and We will refund the price you have paid, including any delivery charges.

Returned Goods

The vendor reserves the right to charge a restocking fee that ranges from 25% to 100%, subject to damages to goods or if the products have been altered for the design purposes of the purchaser. This fee is incurred because of the diminished resale value of the product.

The purchaser has the right to cancel the order and return any goods ordered via this website within 7 days. The Vendor retains the right to charge fees for the cost of carriage and a restocking fee if necessary, and the vendor will refund the purchase cost upon receipt of the goods.

The purchaser shall unless otherwise stated be responsible for the cost of return of all goods to the vendor and the returned goods shall be at the risk of the purchaser until actual receipt of the goods by the vendor. The onus of proof of safe delivery shall rest with the purchaser.

All items claimed to be faulty or damaged dispatched for return to the vendor more than 14 days from the date of delivery and found to contain no fault will not be subject to a refund and may be returned to the purchaser. In the event it becomes necessary to recover goods that are not faulty the costs of recovery shall be the responsibility of the purchaser.
The vendor shall give a guarantee to refund to the purchaser full credit for any goods returned in stock condition provided they are dispatched for return within 7 working days of delivery. This does not affect the statutory rights of the consumer or purchaser under applicable consumer protection legislation, which shall normally be laws or regulations in the Country of origin, which for this web site shall be those of England, or where superseded by those of the European Union.

No credit shall be allowed for goods until they have been received complete.

A full credit including carriage costs and restocking fee (where necessary) shall be given by the vendor to the purchaser in the event that goods are faulty or damaged at the time of delivery and notice of fault or damage is given by the purchaser to the vendor within 7 days of delivery.

A Full Credit will only be given on items dispatched for return within 7 Days from delivery, where there are faults if such faults are not governed separately by a valid manufacturer’s warranty, or under any other valid product warranty. The vendor will notify the purchaser of the existence of such warranties when contact is made with customer services.

Refused Shipments: Shipments returned marked refused will not result in refund and refusal of a shipment does not relieve the purchaser’s liability for paying any carriage charges incurred in the return of the goods to the vendor.

Consequential Loss

The extent of the vendor liability to the purchaser for any default or breach whatsoever and howsoever arising shall in no case exceed the invoice value of the goods. The vendor shall in no circumstances whatsoever be liable to the purchaser in respect of any loss or damage, whether suffered by the purchaser, or by any customer of the purchaser whether direct or indirect, consequential or howsoever arising; except from a written agreement between the Vendor and the purchaser at the point of transaction.

Law

If any part of these terms and conditions shall be found to be unlawful it shall not affect the validity or enforceability of the remainder of the conditions provided the contract is capable of continuing without such terms and conditions.

These terms shall be deemed to have been made in England and shall in all respects be governed by English Law except where the statutory rights of consumers within the European Union are otherwise protected within the law of the state or country of delivery.

In respect of consumer statutory rights within the European Union, these are unaffected by these terms and conditions.

General information

When you require Customer Services Please Call 01942 727314 Direct, or contact us via email at websales@shermanyoung.co.uk.

For us to give you customer service quickly please have the following information ready:

THE NAME IN WHICH THE GOODS WERE PURCHASED

THE DATE OF PURCHASE

FULL FAULT DESCRIPTION

In the event of any complaint or customer care matter please call our Customer Support line or contact us via the email address shown and we will endeavour to resolve matters as rapidly as possible (normally within five working days).

Our postal address for customer services is: Soughers Lane, Ashton-In-Makerfield, Wigan WN4 0JX

We are confident that these procedures will enable us to offer you a better and speedier service. However, if you have any queries please do not hesitate to contact us.

Consumer Rights

The terms and conditions listed for citizens of the European Union are determined by specific consumer legislation and the rights of the purchaser are governed by such consumer legislation. If there is any conflict between the Terms and Conditions of this Web Site and consumer legislation the rights of the consumer under the legislation will not be affected.

Methods of Payment

EU residents pay the VAT inclusive price (VAT at appropriate rate, currently 20%). Non-EU/exempt pay the exclusive price.

Payment is only accepted by credit/debit card unless otherwise agreed with the vendor Visa Mastercard American Express Switch and Delta cards are acceptable, subject to individual credit/debit limits and the authorisation policy of the card issuing organisations We cannot accept any responsibility or liability in the event that a card payment fails or is refused.

Suitability of Goods or Services

We do not warrant the suitability of goods or services for a particular purpose other than that illustrated within product/service instructions specifications or guides and purchasers should check specifications size and suitability before ordering.

Security

Security on the transaction is protected by secure server process via WorldPay. Specific security information may be obtained by calling customer support.

Customer Service and support is available by using the online contact form on this Site or by telephoning our Customer Support line on 01942 727314.

The cost of any telephone calls shall be at the applicable rate of the Country of origin. No premium rate telephone charges are levied by this organisation nor do we receive any share of any telephone call charges.

The telephone lines are open Monday to Friday between 8:00 – 17:00 GMT and Saturdays 8:30 – 12:00 GMT.