Terms and Conditions.

1. INTRODUCTION

1.1 What these terms cover: These Terms and Conditions set forth the contractual framework governing your purchase of Spinback Furniture products. They supersede any other terms, including those discussed via email, telephone, in-person, or at our workshop. These terms take precedence over any implied terms stemming from trade practices, customs, practices, or the course of dealing. They apply comprehensively to all instances of product provision by us to you.

1.2 Why you should read them: We strongly urge you to carefully read these terms before utilising our services. They encapsulate crucial details about our business, how we operate, what we provide, and how you can engage with us. Understanding these terms will ensure clarity and transparency throughout your interaction with us. Should any queries arise, feel free to reach out for clarification.

2. CONTACT INFORMATION

2.1 Who we are: Spinback Furniture is a company established in England and is owned by Lyle Sutherland.

2.2 How to reach us: Communication with us is facilitated by contacting Lyle at +44 (0)7403111149 or sending an email to spinbackfurniture@hotmail.com.

2.3 Communication methods: We'll initiate contact with you using the contact details you provided to us in your enquiry form, via telephone, Whatsapp or email.

3. THE CONTRACT

3.1 Ordering Bespoke Products: The creation of bespoke, custom products involves a specific process. To place an order for such products, send an email to spinbackfurniture@hotmail.com or complete the enquiry form provided on our website. As part of our commitment to a personalised experience, we appreciate engaging in direct conversations, whether in-person or via phone. These initial interactions allow us to understand your needs better, which is essential for designing a tailored solution. Please note that depending on our current workload, there might be waiting lists applicable. Once an agreement to undertake a project is reached, we will formally communicate this by sending you a deposit invoice, which will reflect either 50%, 100% or a custom percentage of the total project cost, depending on your chosen payment structure. If you opt for the 100% upfront payment, you will benefit from a discount. After the deposit payment is completed and we confirm its receipt, a contract will come into existence. This contract operates based on the terms laid out in this agreement, effectively replacing any previous correspondence or discussions pertaining to the bespoke products.

4. CUSTOM COMMISSIONS

4.1 Ensuring Measurement Accuracy: In cases where we are crafting products based on measurements, sketches, designs, or other specifications provided by you, it's imperative that you take every precaution to ensure the accuracy of the information. If any errors occur due to discrepancies in these specifications, please be aware that you bear the responsibility.

4.2 Errors Arising from Specifications: If you opt for bespoke products, it is essential to understand that we cannot be held liable for any errors or deficiencies that arise in these custom products due to the submission of inaccurate specifications.

4.3 Contribution to Designs: Should you contribute sketches, designs, drawings, or any other elements to the creation of bespoke products, it's important to note that by doing so, you are granting us an exclusive, perpetual, irrevocable, royalty-free license to any intellectual property rights that may pertain to these contributions. Given that these contributions become an integral part of our products, it is vital that any materials you provide are original and do not infringe upon the rights of any third parties. To safeguard our interests against potential losses, costs, or expenses, you agree to indemnify us in the event that any contribution you provide violates the intellectual property or proprietary rights of any entity. To avoid legal complications, we advise against submitting designs that resemble or replicate existing designs, as we cannot lawfully produce such items and you would bear the consequences of any resulting issues.

4.4 Responsibility for Choices: While we are committed to producing bespoke products that meet your expectations, we must clarify that we are not liable for any actual or alleged defects or dissatisfaction arising directly or indirectly from your selection of specifications, designs, materials, or any other requirements.

5. MAKING CHANGES

5.1 Changes to Bespoke Products: Once we have accepted your order for a bespoke product, it's important to note that altering the specifications becomes more complex. However, we understand that circumstances may necessitate adjustments. If you've made an error in your initial order for a bespoke product, and if production has not yet commenced, we will make an effort to accommodate reasonable changes at our discretion. If such changes impact the price, delivery timing, or other aspects of the product, we will communicate these modifications and seek your confirmation before proceeding. Please understand that certain changes may not be feasible due to the stage of production, and in such cases, you might consider ending the contract (see Clause 7 - Your Rights to End the Contract).

6. DELIVERY

6.1 Delivery Costs: Our delivery costs are not fixed and are evaluated on a case-by-case basis. Although these costs may be included in your initial invoice, we retain the right to invoice them upon completion of the work. It's important to acknowledge that our delivery costs do not encompass import charges, customs clearance, or duties. Responsibility for these charges rests with you, and any associated costs must be settled prior to the dispatch of products. It's important to note that failure to complete payment for delivery costs could lead to delays in dispatching your products.

6.2 Space Considerations: To ensure a smooth delivery experience, we advise you to verify in advance that the intended delivery space is suitable for accommodating the product. This includes assessing hallways, door frames, and other entryways throughout your property. In situations where the product cannot be successfully delivered and must be returned to our workshop, a delivery return fee of up to £300 may be incurred.

6.3 Failed Delivery: In the event of a failed delivery, it is your responsibility to promptly re-arrange the delivery or arrange for the collection of the products from a designated delivery depot. Failure to do so within a reasonable timeframe may result in storage fees or additional delivery costs. If our attempts to contact you and facilitate re-arrangements are unsuccessful, we reserve the right to terminate the contract (see Clause 8.1.3).

6.4 Delivery Dates: We will provide you with an estimated delivery date as we begin the process of creating or customising the product in our workshop. Please be aware that the estimated completion date should be considered an estimate rather than a fixed commitment. Given the unique and customised nature of bespoke products, we mutually acknowledge that this date is non-binding, and time is not of the essence in relation to this agreement. If you require a bespoke Product by a specific date, it is essential to communicate this requirement to us, and we will work together to agree upon a feasible timeframe.

6.5 Delays Outside Our Control: Unforeseen circumstances beyond our control may lead to delivery delays. If such situations arise, we will promptly inform you and take necessary measures to mitigate the impact of these delays.

6.6 Responsibility for the Goods: Once the product is delivered to the address you have specified or collected from the delivery provider's depot or our workshop, the responsibility for the product transfers to you. At this point, you become accountable for the product's condition and maintenance.

6.7 Ownership of Goods: Ownership of the product is transferred to you once we have received full payment for the product.

6.8 Suspension of Supply: We retain the right to temporarily suspend the supply of products to you under certain circumstances:

6.8.1 Technical Adjustments: Suspension may occur to address technical issues or implement minor technical changes.

6.8.2 Changes Requested by You: Suspension could be related to making changes to the product as requested by you or as communicated by us (refer to Clauses 4 and 5).

6.9 Suspension Due to Non-Payment: In instances where you fail to make timely payments for the products, we may suspend the supply until the outstanding amounts are settled. If you neglect to make payment within the week prior to dispatch, we will suspend the products. We will communicate this suspension and are entitled to charge interest on overdue payments (see Clause 8.2).

7. YOUR RIGHTS TO END THE CONTRACT

7.1 Contract Termination: You retain the ability to terminate the contract with us at any time. Your entitlements upon contract termination depend on several factors, including the nature of your purchase, the product's condition, our performance, and your decision to conclude the contract.

7.1.1 Remedies for Faulty Products: If the product you've purchased is found to be faulty, you may hold a legal right to conclude the contract (or opt for product repair or replacement), as detailed in Clause 9.1.

7.2 Contract Termination Due to Our Actions

If you decide to terminate the contract based on the reasons listed in clauses 7.2.1 to 7.2.3 below, the contract will cease immediately. In such cases, we will provide a full refund for any products that have not yet been supplied. The reasons for contract termination due to our actions are as follows:

7.2.1 If we inform you of a crucial upcoming alteration to the product or these terms, and you choose not to proceed (as outlined in Clause 6.8), the contract will conclude.

7.2.2 In the event that we notify you of an error in the price or description of the product you've ordered, and you decide not to proceed with the purchase, the contract will terminate.

7.2.3 If you possess a legal right to terminate the contract due to our wrongdoing, the contract will come to an immediate end.

8. OUR RIGHTS TO END THE CONTRACT

8.1 Contract Termination by Us: We reserve the right to terminate the contract under specific circumstances, as outlined below:

8.1.1 Non-Payment: If you fail to make a payment within the stipulated timeframe, and you remain in default even after a reminder is issued, we may terminate the contract.

8.1.2 Required Information: In instances where essential information is required from you in a timely manner to facilitate product provision, such as design approvals, measurements, or specifications for a bespoke product, and such information is not provided within a reasonable timeframe, we retain the right to terminate the contract.

8.1.3 Delivery Arrangements: If you do not permit us to deliver the products within a reasonable timeframe or fail to collect the products from us, we hold the right to terminate the contract.

8.1.4 Exceptional Delivery Circumstances: In the event that the delivery of a bespoke product is hindered due to reasons directly resulting from changes or disruptions caused by the United Kingdom's exit from the European Union (Brexit), either party shall have the right to terminate this contract without incurring any liability.

8.2 Compensation for Contract Termination

Should we terminate the contract based on the circumstances detailed in Clause 8.1, we will refund any pre-paid amounts for products not yet supplied. However, we reserve the right to deduct reasonable compensation for the net costs and expenses incurred due to the contract's termination.

9. PRODUCT ISSUES

9.1 Accidental Damage: Please note that we do not cover accidental damage, such as damage resulting from dropping or dragging the item. It's possible that your household contents insurance policy may cover such accidental damage.

9.2 Appropriate Use Conditions: Our furniture is designed for indoor use unless explicitly communicated otherwise by Spinback Furniture. The products should be used in ambient conditions and not subjected to excessively damp or dry atmospheres. Storing or using Spinback Furniture products in dry environments is essential for preserving their longevity. Please understand that we cannot be held responsible for warping, staining, surface damage, or any other issues resulting from non-compliance with care instructions. Moreover, variations in pattern, colour, texture, or dimensions inherent in materials are considered normal and are not considered defects.

9.3 Natural Changes in Wood: Please be aware that wood is a natural material that matures over time. The changes in colour that occur as wood matures are part of its inherent beauty and will not be considered defects.

9.4 Reporting Problems: Upon receiving your order, we advise checking all items to identify any issues or breakages. If you receive a product that appears substandard, please notify us within 48 hours. If you have concerns or complaints about the product, please get in touch. You can reach us at +44 (0)7403111149 or send an email to spinbackfurniture@hotmail.com.

10. REPAIRS

10.1 Requesting Repairs: If you require repairs for fair wear and tear or damage you have caused, we will assess the product and provide a cost estimate for the necessary repairs, if feasible.

10.2 Repairs for Bespoke Products: In the case of bespoke products, it's important to note that we cannot guarantee the availability of replacement elements. However, we will make reasonable efforts to propose alternative solutions.

10.3 Payment for Repairs: Repairs that are not a result of our fault must be paid for in advance before any repair work is initiated. Failure to make the required payment may result in a delay in initiating the repairs.

11. LEGAL MATTERS

11.1 Buyer Responsibility: Upon receipt of the item, any health or safety concerns are no longer our responsibility. If any harm arises from the purchased items, we bear no responsibility.