Terms & Conditions - The Edinburgh Table Company

Introduction

This document (together with any documents referred to in it) tells you the terms and conditions (the ‘Conditions’) upon which we will sell the Goods and supply the Services listed on this website (the ‘Website’) to you.

By ordering any of the Goods and Services listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your transaction if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.

We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.

About us

This Website is owned and operated by Stirling Design Ltd SC612393 T/A The Edinburgh Table Company. Our registered office address is Unit 2 Linglie Mill, Level Crossing Road, Selkirk, TD7 5EQ. Our telephone number is 01750 725870.

Communications

You agree that email and other electronic communications can be used as a long-distance means of communication and 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.

We will contact you by email/phone or provide you with information by posting notices on our Website.

Overseas orders

Our Website is only intended for use by customers resident in Scotland, England and Wales.

We reserve the right to not accept orders for goods from individuals located outside Great Britain. We may agree to provide our services if you are resident in the European Economic Area (EEA), subject to reserving a right to amend the specifications or standards of the services offered on the Website and/or these Conditions or to refuse to accept an order for our services from you, if it will put an excessive strain on our business or if we have an objective reason for doing so. If we accept your order, you will be liable to pay for all and any additional costs that we incur to facilitate your order. You will have an opportunity to cancel your order in case the additional costs are not acceptable.

If we agree to supply any services ordered from the Website for delivery outside Great Britain they may be subject to import duties and/or additional taxes, or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including the cost of delivery (in the case of goods). Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.

You must comply with all applicable laws and regulations of the country for which the Services are destined. We will not be liable for any breach by you of any such laws.

Eligibility to purchase from the Website

To be eligible to purchase the Goods and Services on this Website and lawfully enter into and form contracts with us, you must:

Be 18 years of age or over
Be legally capable of entering into a binding contract
Provide full details of an address in Great Britain for delivery of goods and, if purchasing services, an address in the United Kingdom or the European Economic Area (if you reside in the EEA)
If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.

Price

The prices of the Goods and Services are quoted on the Website.

Prices quoted for delivery (in the case of goods) and for performance (in the case of services) are for Great Britain unless otherwise specified.

Unless otherwise stated, the prices quoted include VAT and delivery costs (in the case of goods). The delivery costs will be added to the total amount due from you at their current rate. Details of our delivery charges can be located on our Website.

We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Goods and Services to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery or performance of our obligations to you or the expiry of the Cancellation Period.

Payment

Payment can be made by BACS transfer and by debit/credit card (AMEX not accepted).

By placing an order, you consent to payment being charged to your prepay/debit/credit card account or electronic payment account as provided on the order form (if relevant).

Payment will be debited and cleared from your account at the point of order unless otherwise agreed.

When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third-party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.

By accepting these Conditions, you:

Undertake that all the details you provide to us for purchasing the Goods and Services are correct and that the payment card you are using is your own and that there are enough funds to cover the cost of the Goods and Services ordered
Undertake that all Goods and Services ordered by you are for your own private or domestic use only and not for resale
Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention
We shall endeavour to contact you should any problems occur with the authorisation of your card.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.

Order process and formation of a contract

Any order placed by you constitutes an offer to purchase the Goods and Services from us.

All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.

You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.

You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Goods and Services ordered by you from the Website.

A contract between you and us (the ‘Contract’) incorporating these Conditions will only subsist after we have debited your payment card or received payment by other means. We will send you an email to confirm this (a ‘Confirmation Notice’). The Confirmation Notice will amount to an acceptance of your offer to purchase from us. The Contract will be formed when we send you the Confirmation Notice (whether you receive it).

The Contract will relate only to the Goods and Services stated in the Confirmation Notice. We will not be obliged to supply any other Goods and Services which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.

You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.

You will be subject to the version of our policies and Conditions in force at the time that you order the Goods and Services from us, unless:

Any change to those policies or these Conditions is required to be made by law or governmental authority

We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven calendar days of receipt of the Confirmation Notice

Risk and title

The Goods will be at your risk from the time you receive your delivery.

Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of them including the cost of delivery (in the case of goods).

Complaints

If you have a comment, concern or complaint about any Goods and Services you have purchased from us, please contact us via email at info@edinburghtablecompany.co.uk or by post at The Edinburgh Table Company, Unit 2 Linglie Mill, Level Crossing Road, Selkirk, TD7 5EQ.

Goods

By the very nature of both the natural materials we use, and the type of furniture we produce, our wood could contain all the following characterful traits: (which are expected within each piece and for which we are unable to offer any kind of discount or refund)

Dents and scratches that are original to the piece of timber
Small missing knots of wood
Old and minor saw marks
Minor splits that do not interfere with the function of the piece
Minor discolouration that is original to the piece of timber
Signs of old nails or staples within the wood

Hopefully all of these attributes will add to the uniqueness of your piece, but should you want your piece to be reduced from this type of character as much as possible, please make sure to specify a quote for a particularly unmarked table surface or let us know that you need a surface extra flat/smooth etc so that we are able to quote accordingly.

We always endeavour to choose the best boards for our tables, however there will still be knots, varied wood grain and medullary rays, depending on the wood we have in stock.
We will not accept returns, make adjustments or alterations, or offer refunds due to issues arising from the customer’s personal preference on wood grain, pattern, knots, medullary rays or any other character of the wood. Natural wood is varied and beautiful and the grain can even change in the same piece.
All wood species can react to exposure to sunlight, changes in temperature and humidity. We cannot be held responsible for changes in the wood due to environmental factors, once delivery has been made.
All our wood is dried to a humidity of 8-10% moisture. In very dry or warm settings this could decrease, leading to cracks/movement. We make our furniture with wood movement in mind; however, we can’t take responsibility should the piece react to the humidity of your own environment.
Underfloor heating, strong sunlight such as in conservatories or exceptionally warm homes can impact on the movement and shrinkage of the wood.
All our products can be made to measure to fit your space, however we do not guarantee mm precision unless we are specified to do so.
Due to the nature of the finishes applied to our product, the final finishes may vary from photos online or samples we send out, but we will always do our best a get a match.
We cannot be held responsible for customers preference to design elements that are not discussed or raised at the point of ordering, and will make educated assumptions based on the style of the product, functionality etc.
Our colour range describes shades used by Farrow & Ball as we are an OEM partner. Please note that items are finished using Farrow & Ball branded paint. Where a custom colour is required we always offer a choice of colour matched or branded paint at the relevant additional price. Colour matched paint which we do not already have in stock is charged as detailed on our website. Branded paint is charged separately.

Changing your order?

Provided we haven’t started your table you can change or cancel your order up to 7 days after your order date. Let us know as soon as possible by email.

You may notify us of your cancellation by sending us an email to info@edinburghtablecompany.co.uk quoting your name, address and a description of the order.

Your guarantee

Our tables are guaranteed for 3 years against any cupping, warping and splitting beyond what is described in the ‘Goods’ section above. For the first year we will collect, repair and return free of charge. In years 2 and 3 you will be charged the delivery fee for your area to collect and return the table (for example if you are in Edinburgh the charge is £30). In subsequent years we can still collect, repair and return but there will be a charge for the work. This guarantee covers the original delivery address only and is not transferable should you sell the table.

Chairs come with a 1 year manufacturers warranty and during this time will either replace or repair chairs. Once out of warranty it may still be possible to repair a chair but return, repair and re-delivery fees will apply.

Returns

As each table is custom made to your specifications we cannot accept returns after delivery unless your table is faulty.

It is your responsibility on receipt of your goods to check they are what you ordered. In the unlikely scenario of a table having or developing a fault you must notify us within 10 working days by email or letter to our registered office address. We will endeavour to repair or replace your table as soon as reasonably possible. Alternatively, and subject to our agreement, you can opt for a full refund of the cost of the goods.

Refunds

So long as you are entitled to cancel we will refund you the balance of the price and any standard delivery costs you paid to us after deducting the value of any Services/Goods we supplied/produced before we received your cancellation notice. Refunds will be processed within 14 days.

Deliveries

Please note, all prices are based on a two-person delivery team, therefore additional help will not usually be required to unload and install your item. For very large heavy tables we may ask for additional assistance to unload but this will be discussed with you at the time of order. For extra items, or to request a specific delivery day please get in contact with us before placing an order.

Any damages items must be reported to us within 5 working days of the delivery date. Any damage reported after this may incur a charge for collection, repair and re-delivery.

How long will my order take?

Our standard time frame is 5 to 7 weeks from the day of ordering to the day of delivery. This can vary at certain times of the year (lead up to Christmas it can increase) and we will always aim to advise you when you are ordering if it will be any longer.

Fast turnaround orders are available for a supplement as detailed on the deliveries section of the website.

Who will deliver my order?

Deliveries are carried out in house by our own staff wherever possible. For further afield areas or urgent orders we often utilise our trusted delivery partner. To keep delivery costs down all deliveries are a two-person service to ground floor level.

Most deliveries are done Monday to Friday during daytime hours. We try to be as flexible as possible to accommodate your needs, but we appreciate your help with allowing us to schedule our delivery routes efficiently. It is always our intention to provide you with a 2-hour time slot for your delivery. There are occasions that due to unforeseen circumstances such as traffic delays and assisting earlier customers with deliveries that we are delayed in attending your delivery timeslot, we apologise if that is the case and will always endeavour to provide warning as early as possible. That said our drivers do a remarkable job in what can sometimes be difficult circumstances so please bear that in mind.

Will my table come fully assembled?

Turned leg dining tables come with the legs detached. These screw in on long metal dowels, no tools required. All other items come fully assembled. Please be aware it is your responsibility to ensure you have adequate space to allow for large fixed legs tables to get to your chosen room.

Intellectual property

Goods and Services sold or licensed by us and Website content may be subject to copyright, trademark or other intellectual property rights in favour of third parties. We acknowledge those rights.

The content of the Website is protected by copyright (including design copyrights), trademarks, patent, database and other intellectual property rights and similar proprietary rights which include (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks, utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to The Edinburgh Table Company, moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.

You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.

You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.

You acknowledge that any other use of the material and content of this Website is strictly prohibited, and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.

No licence is granted to you in these Conditions to use any of our trademarks or those of our affiliated companies.

Liability and indemnity

Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:

Death or personal injury resulting from our negligence
Fraud or fraudulent misrepresentation
Action pursuant to section 2(3) of the Consumer Protection Act 1987
Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability

The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.

We will not be liable if the Website is unavailable at any time.

We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.

We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.

We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or as a result of your downloading, streaming or otherwise accessing any Digital Content supplied on the Website or from any website linked to it.

We will use all reasonable endeavours to carry out our obligations within a reasonable period but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.

We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:

Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any loss related to your business, the extent of which was not foreseeable at the time of the contract); or
Any loss of goodwill or reputation; or
Any special losses or losses not normally reasonably foreseeable at the time of the contract; or
Any loss of data; or
Wasted management or office time; or

Any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your agreement to purchase the Goods and Services even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and if we are unable to rely upon it, our liability for all and any losses you suffer because of us breaking the Contract, whether deliberate, is strictly limited to the total of the price of and any delivery charges you paid for the Goods and Services.

You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.

This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.

Termination

We reserve the right to terminate an agreement formed with you, to suspend or terminate your access to the Website immediately and without notice to you if:

You fail to make any payment to us when due
You breach these Conditions (repeatedly or otherwise)
You are impersonating any other person or entity
When requested by us to do so, you fail to provide us within a reasonable time with enough information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website

Events outside our control

We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, event, omission, failure or accident outside of our control (‘Event Outside Our Control’), which, without limitation, includes:

A strike, lock-out or other industrial action
Shortages of labour, fuel, power, raw materials where we could not take reasonable action to obtain alternative supplies in time to perform this contract
Late, defective performance or non-performance by suppliers where we could not by taking reasonable action obtain alternative supplies in time to perform this contract
Private or public telecommunication, computer network failures or breakdown of equipment
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 extreme weather conditions
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
Acts, decrees, legislation, regulations or restrictions of any government
Other events, beyond our reasonable control

Our performance will be deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use reasonable endeavours to minimise any delay caused by the Event Outside Our Control or to find a solution by which our obligations may be performed despite this event. We shall promptly notify you of any Event Outside Our Control giving details of it and (where possible) the extent and likely duration of any delay.

Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

External links

To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:

The privacy practices of such websites
The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
The use which others make of these websites; or
Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources

Linking to the Website

You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.

Any agreed link must be:

To the Website’s homepage
Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which it is hosted
Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists
We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is always accurate.
We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice, you must immediately remove the link and inform us once this has been done.

Notices

All notices given by you to us must be given to us at 10 Heatherlie Park, Selkirk, TD7 5AL or by using info@edinburghtablecompany.co.uk. Notices will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be enough 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 email, that such email was sent to the specified email address of the addressee.

General

We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.

All prices and descriptions supersede all previous publications. All product descriptions are approximate.

Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.

If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.

All Contracts are concluded and available in English only.

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it 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 your obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 3.

Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. 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.

Governing law and jurisdiction

The Website is controlled and operated in the United Kingdom.

Every purchase you make shall be deemed performed in Scotland.

The Conditions and any Contract brought into being because of usage of this Website will be governed by the laws of Scotland and you irrevocably agree to submit to the exclusive jurisdiction of the courts of Scotland.