1 SUMMARY

1.1 What these terms cover. These Terms and Conditions govern the commission, design and build of your Old Stables product. They apply to the exclusion of any other terms previously agreed. These terms shall govern every provision of products by us to you. These terms lay out the services and exclusions Acorn French Polishing offers as the owner of the Old Stables brand name.

1.2 Why you should read them. Please read these terms carefully. These terms tell you how we will provide your product, how you and Acorn French Polishing may change or end the contract and other important information. If you have any questions about these terms, please contact us to discuss them further.

2. OUR CONTRACT WITH YOU

2.1 Bespoke commissions are produced to agreed specifications and quotes. Upon your commission, we will supply a customer invoicing schedule and agreement. Once confirmed, the terms of the agreement come into existence to the exclusion of any prior correspondence or meeting between us to discuss the bespoke products.

2.2 Online products are classed as products purchased as seen and sold online. Upon your order, we will supply a customer invoicing schedule. Once confirmed, the terms of the schedule come into existence to the exclusion of any prior correspondence between us.

2.3 Manufacture. All products are made at the Acorn French Polishing Old Stables workshop in Hertfordshire. The timber we use is sourced from sustainably managed woodlands.

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BESPOKE COMMISSIONS

3. OUR PRODUCTS

3.1 Bespoke Product Design

3.1.1 Proprietary rights. The design of our products remains our intellectual property. If you supply to us any sketches, designs or drawings or other contribution, you grant to us a non-exclusive, perpetual, royalty-free licence to any intellectual property rights that may subsist in the contribution. As the contribution will be incorporated into one of our products we need to know that any contribution is original and will not infringe the rights of any third party. To protect us from any losses, damages, costs and expenses that we may suffer or incur you agree to indemnify us if any contribution infringes the intellectual property rights or other proprietary rights of any person.

3.1.2 Design liability. We will make all products to the specifications, however, we shall not be liable to you in respect of any actual or alleged defect in or dissatisfaction with any product that arises directly or indirectly from your choice of any specification, design, or any other requirement.

4. YOUR RIGHTS TO MAKE CHANGES

Once we have accepted your commission and finalised your design, you will no longer be able to make any changes to it. However, we will try to accommodate any reasonable changes at our sole discretion. If it is possible we will let you know about any changes to the price, the timing of supply or any other factor which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

5. OUR RIGHTS TO MAKE CHANGES

We reserve the right to change any product to implement minor technical adjustments or as a result of the unavailability of materials. Wherever possible, we will minimise the impact of these changes. Minor changes will not materially affect your use of the product. These unavoidable changes do not give to you any right to cancel any contract or reject any product.

6. PROVIDING THE PRODUCTS

6.1 Delivery costs. 

Delivery is only available to mainland England. We will provide a fixed shipping cost in the total cost as part of your customer agreement. In this instance, until all delivery costs are paid we cannot dispatch the products.

6.2 Delivery date. 

Given the bespoke nature of the products, you agree that any agreed delivery date shall be an estimate and time shall not be of the essence to this agreement. If you need a product by a particular date then you must notify us and we and you must agree it as a specific exception.

6.3 Delivery delays. We are unable to take responsibility for delays outside our control. If supply of any products is delayed by an event outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.

6.4 When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to your address.

6.5 When you own goods. You own a product once we have received payment in full.

6.6 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

6.6.1 deal with technical problems or make minor technical changes;

6.6.2 make changes to the product as requested / required (see Clauses 4 and 5).

6.6.3 We may also suspend supply of the products if payment is not received as per the milestones set out in the Customer Agreement

7. YOUR RIGHTS TO END THE CONTRACT

7.1 You are entitled to end your contract with us at any stage;

7.1.1 During or upon completion of the Design phase. We may charge you at a time and materials rate for any costs and expenses we incur as a result of you terminating the contract. These charges will be itemised.

7.1.2 During the Build phase. You will not be entitled to a refund of any costs incurred by us to the point of ending the contract. We may charge you costs and expenses we incur as a result of you terminating the contract. These charges will be itemised.

8. OUR RIGHTS TO END THE CONTRACT

8.1 We may end the contract for a product at any time by writing to you if:

8.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

8.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the product, for example, sign off of any designs, measurements or specifications;

8.1.3 you do not, within a reasonable time, allow us to deliver the product

8.2 You must compensate us if you breach the contract. If we end the contract in the situations set out in Clause 8.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you on a time and materials basis for any costs we have and will incur as a result of your breaking the contract.

9. PRODUCT CHARACTERISTICS

9.1 Our products are specified for indoor use only and should be used in ambient conditions and not subjected to damp or overly dry atmospheres. It is important that Old Stables products are stored or used in dry environments. Failure to comply to care instructions and recommendations may result in warping and surface damage that Old Stables cannot be held responsible for. Old Stables also accepts no responsibility for variations in pattern, colour, texture or dimensions inherent in those materials or for any subsequent deformation, splitting, discolouration or other defects caused by extremes of temperature, humidity, dampness or light.

9.2 Please be aware that as wood is a raw material the colour will change over time. This is the characteristic of the wood and will not be considered a defect.

9.3 Please be aware that grain direction and patterning on wood surfaces is a unique variable for any wood product and as such cannot be guaranteed to match exactly the items sold online and will not be considered a defect.

10. PRICE AND PAYMENT

10.1 Price. The price of the product will be communicated to you in your Customer Agreement and will be in pounds sterling.

10.2 When and how to pay. Payment milestones are defined in your Customer Agreement.

10.3 VAT.  Where applicable, we will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

ONLINE PRODUCTS

11 OUR RIGHTS TO MAKE CHANGES

We reserve the right to change any product to implement minor technical adjustments or as a result of the unavailability of materials. Wherever possible, we will minimise the impact of these changes. Minor changes will not materially affect your use of the product. These unavoidable changes do not give to you any right to cancel any contract or reject any product.

12. PROVIDING THE PRODUCTS

12.1 Delivery costs. 

Delivery is only available to mainland England. The delivery cost will be displayed online and paid during product purchase. In this instance, until all delivery costs are paid we cannot dispatch the products.

12.2 Delivery date. 

Product lead and delivery times will be displayed online.

12.3 Delivery delays. We are unable to take responsibility for delays outside our control. If supply of any products is delayed by an event outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.

12.4 When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to your address.

12.5 When you own goods. You own a product once we have received payment in full.

12.6 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

12.6.1 deal with technical problems or make minor technical changes;

12.6.2 make changes to the product as requested / required (see Clauses 4 and 5).

13 RETURNS

13.1 All Old Stables online products are made to order and therefore we are unable to accept returns. This policy is offered in addition to your legal rights.

14. PRODUCT CHARACTERISTICS

14.1 Our products are specified for indoor use only and should be used in ambient conditions and not subjected to damp or overly dry atmospheres. It is important that Old Stables products are stored or used in dry environments. Failure to comply to care instructions and recommendations may result in warping and surface damage that Old Stables cannot be held responsible for. Old Stables also accepts no responsibility for variations in pattern, colour, texture or dimensions inherent in those materials or for any subsequent deformation, splitting, discolouration or other defects caused by extremes of temperature, humidity, dampness or light.

14.2 Please be aware that as wood is a raw material the colour will change over time. This is the characteristic of the wood and will not be considered a defect.

14.3 Please be aware that grain direction and patterning on wood surfaces is a unique variable for any wood product and as such cannot be guaranteed to match exactly the items sold online and will not be considered a defect.

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15. REPAIRS

15.1 If you request any repairs to a product we have supplied as a result of fair wear and tear or damage you have caused, we will inspect the product and provide an estimation of costs for such repairs (where possible).

15.2 Any repairs that are not as a result of something where we are at fault shall be paid by you in advance of us undertaking any work. If you fail to make such payment, we are not obliged to start any repair work on the product.

16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

16.1 Nothing in this Agreement shall limit or exclude our liability for: a) breach of the terms implied by section 12 of the Sale of Goods Act 1979; b) defective products under the Consumer Protection Act 1987; or c) any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.

16.2 Subject to clause 1 above we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:

A) loss of profits; or

B) loss of business; or

C) depletion of goodwill and/ or similar losses; or

D) loss of anticipated savings; or

E) loss of Goods; or

F) loss of contract; or

G) loss of use; or

H) any special indirect consequential or pure economic loss, costs, damages, charges, expenses.

16.3 Or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the deliverable