Cancellation of Bespoke Goods in Exceptional Circumstances

Every Earthy® Timber order is bespoke and made to measure in accordance with the Customer’s individual specifications.

In accordance with Regulation 28(1)(b) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the statutory right to cancel does not apply to goods that are made to the Customer’s specifications or are clearly personalised. As all of the Company’s products are bespoke, the Customer acknowledges and agrees that orders may not be cancelled once a binding contract has been formed and the goods have been accepted for production.

Notwithstanding the above, in exceptional circumstances only, the Company may, at its absolute discretion, agree to accept a cancellation. Any such cancellation shall be effective only if expressly confirmed in writing by the Company.

Where a cancellation is accepted in such exceptional circumstances, the Customer shall indemnify and reimburse the Company in full for all costs, losses, and expenses reasonably incurred as a result of the order, including, without limitation, payment processing fees, bank charges, administrative and management time, and the full cost of any materials, components, or goods that have been specifically procured, cut, altered, machined, fabricated, or otherwise irreversibly committed to the Customer’s bespoke specifications. This includes, without limitation, the cost of any wasted, scrapped, or non-recoverable materials prepared to the Customer’s custom size, design, or requirements.

Such costs shall further include work-in-progress, tooling and set-up costs, and any manufacturing, handling, storage, or other production-related costs incurred at any stage of the manufacturing process, whether commenced, partially completed, or completed. Any refund issued shall be reduced by the full amount of these costs. This reduction represents a genuine reflection of the Company’s losses and shall be final and not subject to dispute.

Goods acceptance

No claims for discrepancies  or damage can be made after installation, as fitting of our goods constitutes acceptance of the product in its delivered/collected state, and we will not accept any claims for discrepancies once the Customer has performed any work on our goods, including, but not limited to, sanding, cutting, shaping, edging, finishing or application of oil/lacquer or varnish. Any work carried out on the products constitutes immediate acceptance of the goods.

Questions and complaints

If you have any questions or complaints about the goods please contact us.  In an unlikely event that our bespoke surfaces are found to be faulty, we reserve the right to repair, which may involve the return of the faulty item to our workshop. We may at our discretion replace the items if deemed necessary. We will endeavour to complete this work as soon as possible and you agree to let us perform remedial work at your premises if we deem that to be the best solution. If we decide the goods need to be returned to the workshop, you will be responsible for the removal. Any cost of removal and re-installation will be the customer’s responsibility, no matter what the reason.

In the unlikely event that damage or loss has occurred, the customer is under a duty to mitigate their loss as far as reasonably possible. The customer must state exactly what the problem is and give us the unfettered right to evaluate and rectify the matter. The Customer also accepts that any liability for damage does not extend beyond the repair or replacement of the particular damaged product.

We are under a legal duty to supply goods that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act). Goods can only be returned by special agreement with the Company. If they are to be returned, they must be correctly packaged to prevent any damage in transit. The cost of returning and insuring the goods is the sole responsibility of the Customer. If any items are received in a damaged condition we cannot issue a refund and you must contact the carrier for reimbursement and/or return. All returns must be agreed in writing by both parties before the goods are returned. The goods must be returned within 5 working days from the date you have received an email from us accepting the return.  No goods can be returned after this time.

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.   

Incorrect installation

We are confident that our products will give you many years of excellent service. However, we cannot be liable for any faults in the surfaces that are caused by poor installation, or by using the wrong fixings, or by installation in adverse site conditions.

When you just buy a top from us, you can choose to have it installed by our own specially trained carpenters, who are familiar with the characteristics of our products, and have experience installing them.

Alternatively, of course, you can have the installation carried out by your own fitter. In this case we strongly recommend seeking advice from a competent trade person who has the appropriate knowledge and skill in fitting wooden surfaces. Please note that incorrect installation invalidates the warranty on our products and you will need to pursue your installer for remedy or reimbursement.