Terms & Conditions
Our Contract with You
These Terms and Conditions tell you the terms and conditions on which we supply the Goods to buy listed on this website to you. Please read these Terms and Conditions carefully, making sure you understand them before making a purchase from this website. By accessing this website and/or placing an order on this website, you agree to be bound by these terms and conditions.
The contract made by you on-line, by placing an order, accessing or using our website, incorporates these terms and conditions, which shall prevail over any and all terms and conditions proposed by you.
These terms relate to sales over this website. For sales in-store with one of our DP Centres, you are bound to their terms and conditions.
If you are unable to accept these terms and conditions, you will not be able to access/use and/or place an order for goods on our website.
You should not proceed with your purchase until you have read and agreed to these terms and conditions.
1. About Us
1.1 Devonshire Pine Ltd (referred to by “Devonshire/us/we/our”) operates this website www.devonshirepineandoak.co.uk. We are a registered company in England under registration number 2703600, VAT number GB 472 2157 58. Our registered office is at Caddsdown Industrial Park, Clovelly Road, Bideford, Devon, EX39 3DX. You can contact us in writing via email (see our contact us page) or via telephone on 01237 471872 (see clause 4.4 for full calling details).
2. About You and Use of this Website
2.1 As a user of this website (referred to by “you/your”) and placing orders through our site, you warrant that you are at least 18 years old, whilst ordering goods, and that you accept these terms and conditions.
2.2 By placing an order on our website, it constitutes an offer to us to buy Goods and services link to buying Goods. All orders are subject to acceptance by us. We are free to accept or decline at our absolute discretion. When placing an order we require registration and will be subject to an approved login name and password. The information provided by you must be true, accurate, current and complete in all respects. All passwords are exclusive to you and must be treated as strictly confidential at all times. If you have any concerns regarding your password or are aware of any misuse then you must contact us immediately.
2.3 You must notify us immediately of any changes to your personal information you have provided to us by contacting our Customer Service department by email or calling us on 01237 471872
2.4 We reserve the right to revise and change these terms and conditions as we feel necessary. These terms and conditions were last changed on 15th May 2014 and these terms apply to your order. Please do not assume these terms will apply to future orders.
2.5 On each use of this website and/or placing an order, it is your responsibility to check to determine whether the condition has changed.
2.6 We reserve the right to change, modify, withdraw either permanently or temporarily this website or any part of it, with or without notice to you. You confirm that we shall not be liable to you or any third party for any changes, modifications to or withdrawal of this website.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your personal information.
3.1 We will take all reasonable care that is within our power to do so, to keep the details of your order and payment secure (payment is taken through Sagepay, our secure payment processor). But in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party obtains unauthorised access to any data you provide when accessing or ordering from this website.
To place an order on this website creating the contract between you and us:
• You will be directed through the process of placing an order with simple instructions through the process. You confirm to place your order for your products on this website by clicking the confirm order button at the end of the checkout process.
• Payment must be made at the time of placing your order
• You will receive an email acknowledgement of the order you have placed, detailing the products and your assigned DP Centre. This is not an acceptance of your order.
• When we are ready to dispatch your goods from our warehouse we will send you an email despatch confirmation.
• Order acceptance and completion of the contract between you and us will take place when the order is received by you, unless you have received a notification that we are not accepting your order.
We may not accept your order for the following reasons:
• The product you have ordered is out of stock
• We are unable to obtain authorisation for your payment
• We identify an error in pricing or product description
We will contact you if the above occurs.
The contract will be concluded in English.
4. Cancellation, Returns and Refunds
4.1 Should you wish to cancel your order after it has been delivered, you can cancel your order by notifying us in writing within 14 calendar days from the day after the goods are delivered.
It is your responsibility to return cancelled/non-faulty goods, at your expense to your nearest DP Centre, within 14 days of cancellation. If you are unable to do so, at a cost the DP Centre may be able to collect the item from the address it was delivered to.
4.2 We will issue you with a return number, which must be quoted on return paperwork. You have a statutory duty to take reasonable care of the items and we would request that you retain the original packaging for return. If the original packaging is not available we request that you return the goods in suitable manner to ensure there is no risk of damage in transit. If you fail to take reasonable care of the goods before returning them to us and this results in damage or deterioration, we will charge you for the reduction in value.
4.3 The goods must be returned in the same condition as you received them.
4.4 If you choose to cancel your order after it has been dispatched from our warehouse, return charges will apply. To try and avoid unwanted items being dispatched, please let us know immediately if you wish to cancel your order.
Our Customer Service team can be contacted in writing via email or by telephone. Our team will resolve the matter as quickly and conveniently as possible. Our lines are open Mon-Thurs 8:30am-5:00pm, Fri 8:30am to 2pm on 01237 471872. These calls are charged at approx 9p per minute from a BT landline. This may differ depending on your network or mobile provider. You can also contact us in writing via email at email@example.com
Returns are charge at £45 per item.
Returns and Refunds
4.5 For damaged or faulty goods you have 30 days to reject the item(s) and receive a full refund. If you wish to return a faulty item please call us on 01237 471872 or contact us in writing via email at firstname.lastname@example.org as soon as possible. Replacements are offered in the first 30 days, however you have a right to reject this offer and return the goods for a full refund.
After 30 days (and upto 6 months) you have to give us the opportunity to replacement or repair the faulty item(s). You can choose which, however we can refuse if we can show that your choice is disproportionately expensive compared to the alternative. If our attempt at a repair or replacement is unsuccessful, you can then claim a refund or a price reduction if you wish to keep the product.
You're entitled to a full or partial refund instead of a repair or replacement if any of the following are true:
- the cost of the repair or replacement is disproportionate to the value of the goods or digital content
- a repair or replacement is impossible
- a repair or replacement would be significantly inconvenient
- the repair would take unreasonably long
- the repair has been unsuccessful.
If a repair or replacement is not possible, or the attempt at repair fails, or the first replacement also turns out to be defective, you have a further right to reject the goods for a full or partial refund. If you don't want a refund and still want your product repaired or replaced, you have the right to request the retailer makes further attempts at a repair or replacement.
In order to help us understand the damage/fault you are experiencing, sending us some photos of the damage/fault and product label would be very helpful. You can send these to us via the Contact Us section and clicking on Returns.
See above when referring to cancelled goods for returning.
4.6 The collection is only available from the delivery address of where the goods were delivered. When the DP Centre issues you with a collection date please ensure you are available on the date of collection and there is safe and clear access to the property. Should any windows or doors need to be removed to allow access it is your responsibility to arrange. If you the customer are not going to be available for collection you must notify us in advance of a nominated adult who will be present. If the DP Centre is unable to gain access to collect the goods on the confirmed date, through no fault of their own, return charges will be applied.
If you are unavailable, for whatever reason, please inform us 48 hours before collection, we can then organise another collection date.
4.7 If you are returning the goods because you have cancelled them we will issue your refund within 14 days of the date you gave us notice. In such cases we will refund the full price of the product, minus any applicable return fees for goods received back complete.
The refund will only be authorised after our Returns department carries out a full inspection of the returned goods and it is deemed the above conditions have been met.
If it is deemed the product has incurred damage or loss caused by un-due care of the product or evidence of use beyond the handling nescessary to see whether goods are as expected, which leads to diminished value, we can deduct monies from the amount refunded.
4.8 For faulty goods, we will examine the items upon return to confirm the fault. We will then issue a refund within 14 days of notification if no replacement product is required.
4.9 A refund will be issued via the same method of payment originally used to pay for your purchase.
4.10 Subject to your statutory rights, products altered by you may still be returned, providing the alteration of the goods did not cause the original fault in the first instance.
5.1 We are only able to deliver online orders to UK mainland addresses. Lead times for Scotland may vary to the dispatched within lead times quoted on items. For Scotland postcodes (AB, DD, DG, EH, FK, G, IV, KA, KW, KY, ML, PA, PH, TD) additional delivery charges will apply (we can not deliver to off shore islands). Please call our Sales office for delivery charges.
5.2 Your assigned DP Centre will be delivering your order. They will contact you to organise your delivery once they have a confirmed delivery date from us to them. In the instance where your postcode can not be allocated to a DP Centre, a direct home delivery company will deliver your order.
5.3 We make every effort to fulfil your order within the estimated lead times stated on the individual products on your order but we can not guarantee this, delays are on occasions inevitable due to unforeseen factors and delays outside of our control.
5.4 If you are unable to accept delivery on the date confirmed, you must inform your assigned DP Centre at least two working days in advance so that they can re-book another delivery date. If, through no fault of their own, your assigned delivery team cannot gain access on the date agreed, return charges will apply. If you require a second delivery a £50 re-delivery fee will be charged.
5.5 You are responsible for providing a safe and clear access from the public highway to the place of delivery. Should any windows or doors need to be removed to allow access it is your responsibility to arrange this at your own cost and risk.
If your assigned delivery team feel the access is unsafe then they will not deliver the goods until a safe access is provided, within a reasonable timescale. If safe access is not available we reserve the right to cancel your order and refund the payments subject to our refund policy, including return fees.
5.6 You must ensure you are available on the day and time of delivery, if you the customer are not going to be available at the time of delivery you must notify us in advance of a nominated adult who will be present
5.7 If a change is made to the content your of order it could have an effect on the delivery date. This could lead to us being unable to deliver your goods on the confirmed delivery date. If this is so, a new delivery date will be confirmed.
5.8 If when delivered you discover your item is damaged, please notify us immediately and we will rectify the problem as soon as possible. We will notify your assigned DP Centre once we have liased with you. Please report damages as soon as possible. Please follow the returns procedure set out above.
5.9 For orders including multiple items, the dispatch date will be decided by the longest lead-time. If multiple orders are placed for the same address, these items will be grouped together and dispatched together at the longest lead-time.
5.10 We recommend that you do not dispose of your existing furniture until at least one day prior to your confirmed delivery date.
5.11 Dispatch date within refers to working days. We do not operate on a weekend so we can not include this within our estimated lead time.
6.1 All our prices are shown in £s sterling and include VAT, where appropriate, at the applicable current rate and are subject to any special offers or discount.
6.2 Orders are delivered on weekdays, unless otherwise organised with your assigned DP Centre. Delivery is free of charge to addresses within the UK mainland. A charge will be applied for the return of any non-faulty items at a rate of £45 per item.
For full details please see our refunds/returns policy. Your order will be delivered via your assigned DP Centre or in the instance where your postcode can not be allocated to a DP Centre, a direct home delivery company will deliver your order.
6.3 The prices shown on our website only apply to on-line purchases and promotions on this website only and are not transferable to sales through your nearest DP Centre.
6.4 On-line promotion prices displayed on the website are strictly valid only until midnight on the day the promotion ends, which is determined by us.
6.5 If our prices are shown in error but we have indicated to you prices are shown in error, we will not be bound to honour any of these prices.
6.6 The prices of goods and delivery charges are liable to change at any time but changes (excluding VAT) will not affect orders that we have already sent an order confirmation of.
6.7 Prices and stock availablity of goods are subject to change without notice.
7. PRODUCT INFORMATION
7.1 Devonshire Pine Ltd and our suppliers have a commitment to continuous product development and improvement. We reserve the right as a manufacturer to alter the specification of any item. These alterations include and are not exclusive to adjustments in sizes, style, finish or detailing on individual items or collections. Our supplier may make slight changes to our Oak collections. To confirm exact sizes or potential alterations please call ahead of ordering or visit your nearest DP Centre.
7.2 Any photograph or drawing is produced as a representation of the finished product. Some products may vary from those shown on the website or on display in-store as a consequence. On occasion we may supply a small amount of goods with slight differences in specification, due to circumstances outside of our control. In this case we will inform you of this prior to delivery and the products we supply will be of equivalent value, appearance and functionality.
7.3 All our Pine is made from Scandinavian Redwood and the collections are solid pine. As the furniture is hand made from quality natural wood, the furniture will have its own characteristics and appearance including the grain and knots. All finishes on our pine collections are water based.
All our Oak is made from quality natural wood. With the manufacturing of Oak products it is very common and part of the process to use wood filler.
Light will, over a period of time slightly alter the colour of the furniture, this is just part of the ageing process.
7.4 The vast amounts of our products are sold fully assembled. But on occasions certain items will require some home assembly. The reasons for this are ease of delivery of larger items into rooms and negotiating entry to property/rooms, to help with delivery or to protect the item when in carriage. Items that require home assembly will be marked clearly in the product description on individual items.
7.5 Although we try to show as true a representative of the colours and finishes of the products shown on our website, we can not guarantee the exact accuracy of the finish and colours shown in the photographs. Your monitor or printer can affect the colours and finishes. For exact colours and finishes please visit your nearest DP Centre, where a display of the collection will be on shown.
7.6 Our goods are only supplied for domestic and private use. By placing an order and accepting the goods, you agree not to use the goods for any commercial, business or re-sale purpose. We hold no liability to you for any consequential loss, loss of business or profit or loss of business opportunity.
8.1 We reserve the right to alter/change measurements and/or specification without prior notice.
8.2 We will not accept any liability for any extra costs incurred by you as a result of incorrect or incomplete measurements or information supplied by you, or minor alterations made by the supplier. Please email ahead if a small change in size may deem the item unusable.
8.3 All dimensions specified by us are approximate.
9. GUARANTEES AND CLAIMS UNDER GUARANTEE
9.1 We the guarantors are Devonshire Pine Ltd. See clause 1.1 for full details.
9.2 These guarantees do not cover the natural characteristics of our wooden products, wear and tear, neglect, abuse or misuse of goods in failing to correctly follow the care procedures (featured on our Care Guide Page). These guarantees do not cover accidental damage, damage caused by fire, smoke, water, lighting, sunlight, theft, acts of God.
10. SITE CONTENT AND DISCLAIMERS
10.1 We use every effort to ensure the accuracy of the information on the site. Details contained within this site may be amended from time to time, including but not exclusive to prices, specifications and photography. We will endeavour to rectify any errors, as promptly as possible but can not be responsible for any damage or losses incurred.
10.2 You can not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon by Devonshire Pine Ltd in writing.
11. Intellectual Property
11.1 All copyright and other intellectual property rights of all material and content contained within this website is and shall remain at all times vested with us. The content and material is made available to you as part of your use of our website and for personal non-commercial use only. You acknowledge and agreed to this as well as only downloading such content and material for the purpose of using this site.
11.2 You also acknowledge that any other use of the content and material contained within this website is strictly prohibited and you agree not to or assist any third party to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such content and material.
12.1 Subject to clause 13.2 and clause 13.3, if either of us fails to comply with these terms and conditions, neither party shall be responsible for any losses that the other party suffers as a result, (including loss of revenues, data, profits, management time, etc), loss of business, business interruption, or loss of business opportunity, goodwill or reputation, except for those losses which are a foreseeable consequence of the failure to comply with these terms and conditions at the time we entered into the contract with each other.
12.2 Nothing in this agreement excludes or limits in any way our liability for:
(a) death or personal injury caused by our negligence or that of our agents or employees
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
13. DATA PROTECTION
13.1 Devonshire Pine Ltd is a registered Data Controller in accordance with the Data Protection Act 1998 ("The Act").
13.2 We process your personal data in accordance with the Act.
14.1 If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions
15.1 If any of these terms and conditions are found to be illegal, invalid or unenforceable, then that provision shall be deemed to be severed from the terms and conditions and shall not effect the validity or enforceability of the remaining provisions.
16. Governing Law and Jurisdiction
16.1 The laws of England shall govern the contract between us. In the event of a dispute between us it will be resolved in the courts of England and governed by the laws of England. If you choose to access our website outside of England you agreed that these laws would apply at all times.