TERMS AND CONDITIONS
1) INTRODUCTION
These terms and conditions ("Terms") govern the sale of products ("Products") by SKELF ("we," "us," or "our") to you ("you" or "your") through our website, [website address removed] ("our site"). Please read these Terms carefully before ordering any Products. By placing an order, you agree to be bound by these Terms.
2) INFORMATION ABOUT US
SKELF is a trading name of SCENEGINEERING Limited a company registered in Scotland. Our registered office is 74 Hydepark St, Glasgow G3 8BW.
3) CONTACTING US
You can contact us by email at enquiries@skelf.scot or by phone at 0141 730 0015.
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4) OUR PRODUCTS
4.1 Product Images: Images of Products on our site are for illustrative purposes only. Actual colours and patterns may vary.
4.2 Product Availability: All Products are subject to availability. We will inform you if a Product you have ordered is unavailable.
4.3 Product Variations: Wood products may vary in colour, grain, and pattern from batch to batch. Samples may not show the full range of natural variation.
4.4 Product Dimensions: All sizes, weights, and dimensions are subject to a 2.5-5% tolerance.
5) USE OF OUR SITE
Your use of our site is governed by our [Terms of Website Use] and [Website Acceptable Use Policy] (available on request).
6) PRIVACY
Your privacy is important to us. Please refer to our [Privacy Policy Link] for details on how we collect, use, and protect your personal information.
7) ORDERS AND CONTRACTS
7.1 Order Process: Our order process allows you to check and amend any errors before submitting your order.
7.2 Order Acknowledgement: After placing an order, you will receive an email acknowledging receipt of your order.
7.3 Order Acceptance: We will confirm acceptance of your order by sending you a Dispatch Confirmation email. A contract is formed between us only when we send you the Dispatch Confirmation.
8) CANCELLATION, RETURNS AND REFUNDS
We hope you will be pleased with your purchase however it should always be remembered that timber is a natural product and as such each piece is unique. Where we use generic images on the website, these are only indicative of the item you will receive. There will be some variation in the size and colour of the timber you receive.
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Timber is also susceptible to movement and weathering as it seasons. It is not uncommon for small splits (called ‘shakes’) to occur in timber when it dries, and for warping when timber is allowed to dry too quickly. All of this is natural and should not be considered a fault.
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8.1 SKELF products are custom made and therefore due to the nature of these goods, unless they are faulty, we are unable to offer a refund or exchange.
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8.2 Damaged or Faulty Goods: Report any damage within 24 hours of delivery. Send images of the damage to enquiries@skelf.scot including a copy of your invoice and receipt.
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8.3 Refunds: Refunds will be processed within 14 working days and all payments will be credited against the original card holder’s payment details.
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9) DELIVERY
9.1 Delivery Estimates: All delivery dates are estimates and not guaranteed. We are not liable for any direct or indirect loss or damage resulting from delivery outside these estimated timescales.
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9.2 Delivery Location: Delivery is kerbside only. Please ensure assistance is available at the delivery address for large orders. Inform us of any access issues at the time of order.
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9.3 Delivery Times: Panel deliveries are made weekdays between 8 am and 5 pm. A signature is required upon delivery.
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9.4 Failed Deliveries: If no one is available to sign for the delivery, our carrier will attempt redelivery. Alternatively, you may need to collect your order from the carrier's depot or incur redelivery charges. While you may authorize the carrier to leave the delivery with a neighbour or in a specified location, SKELF is not responsible for any transit damage, loss, or theft if you choose not to sign for your delivery.
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9.5 Transit Damage: Inspect your panels upon arrival. If there is visible damage, refuse delivery, and we will resend the order. Note any damage on the delivery note and take photographs at the time of delivery.
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9.6 Risk of Loss: Risk of loss or damage to the Products passes to you upon delivery.
9.7 Delivery Area: While we aim to deliver throughout the UK, we reserve the right to refuse orders if our carrier cannot access your location or if our estimated shipping cost exceeds the delivery charge included in your order.
9.8 Delivery Timeframe: Please allow up to 28 days from order receipt and payment clearance for delivery.
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9.9 Samples: Samples are shipped via Royal Mail and UPS standard postal service.
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10) PRICE AND PAYMENT
10.1 Prices: Prices are as quoted on our site and VAT is calculated at checkout.
10.2 Price Changes: Prices may change, but changes will not affect confirmed orders.
10.3 Payment Methods: We accept debit cards, credit cards and bank transfer.
11) INSTALLATION
11.1 Installation Responsibility: You are responsible for ensuring the proper installation of our Products. We provide installation guidelines, but it is your responsibility to assess site conditions and determine the best installation methods.
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11.2 Independent Fitters: We may provide contact details for independent fitters, but we do not endorse or guarantee their work. You are solely responsible for selecting and hiring any fitter.
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12) OUR LIABILITY IF YOU ARE A BUSINESS CUSTOMER
This clause applies only if you are a business customer.
12.1 Internal Use Only: We only supply the Products for internal use within your business, and you agree not to resell the Products.
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12.2 No Exclusion of Certain Liabilities: Nothing in these Terms limits or excludes our liability for:
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Death or personal injury caused by our negligence;
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Fraud or fraudulent misrepresentation;
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Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
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Defective Products under the Consumer Protection Act 1987.
12.3 Exclusion of Certain Losses: Subject to clause 12.2, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
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Any loss of profits, sales, business, services, or revenue;
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Loss or corruption of data, information, or software;
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Loss of business opportunity;
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Loss of anticipated savings;
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Loss of goodwill; or
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Any indirect or consequential loss.
12.4 Limitation of Liability: Subject to clauses 12.2 and 12.3, our total liability to you for all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will not exceed 100% of the price you paid for the Products.
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12.5 Exclusion of Implied Terms: Except as expressly stated in these Terms, we do not provide any representations, warranties, or undertakings regarding the Products. Any representation, condition, or refund that might be implied or incorporated into these Terms by statute, common law, or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your specific purposes.
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13) OUR LIABILITY TO YOU AS A CONSUMER
This section applies only if you are a consumer.
13.1 Foreseeable Losses: If we breach these Terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach or our negligence. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was considered1 by you and us when we formed the contract. We are not responsible for any loss or damage that is not foreseeable.
13.2 Domestic Use: We only provide Products for domestic and private use. You agree not to use the Products for any commercial, business, or resale purposes. We are not liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
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13.3 No Limits on Certain Liabilities: We do not exclude or limit our liability for:
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Death or personal injury caused by our negligence;
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Fraud or fraudulent misrepresentation;
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Breach of the term implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
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Breach of the terms implied by sections 12 to 16 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose, and samples), although there may be minor colour variations between samples and delivered Products (see clause 4.3); and
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Defective Products under the Consumer Protection Act 1987.
13.4 Limit on Other Liabilities: Subject to clauses 13.2 and 13.3, our total liability to you for all other losses arising from or related to the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will not exceed 100% of the price you paid for the Products.
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14) EVENTS OUTWITH OUR CONTROL
14.1 No Liability for Uncontrollable Events: We will not be liable or responsible for any failure to perform, or any delay in performing, our obligations under a contract if this is caused by an Event Outside Our Control. An "Event Outside Our Control" is defined below in clause 14.2.
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14.2 Definition of an Event Outside Our Control: An Event Outside Our Control means any act or event beyond our reasonable control, including (but not limited to):
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Strikes, lock-outs, or other industrial action by third parties;
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Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
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Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster;
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Failure of public or private telecommunications networks; or
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Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
14.3 Effect of an Event Outside Our Control: If an Event Outside Our Control occurs and affects our ability to perform our obligations under a contract:
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We will contact you as soon as reasonably possible to notify you; and
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Our obligations under the contract will be suspended, and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. If the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
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15) COMMUNICATION BETWEEN US
15.1 "In Writing": When we refer to "in writing" in these Terms, this includes email.
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15.2 Contacting You: If we need to contact you or give you notice in writing, we will do so by email or pre-paid post to the address you provide in your order.
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15.3 Providing Notice: Any notice or other communication you give us, or we give you, relating to the contract must be in writing and may be delivered personally, sent by pre-paid first class post or other next working day delivery service, email, or posted on our website.
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15.4 Deemed Receipt: A notice or other communication will be considered received:
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If delivered personally, when left at our registered office;
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If sent by pre-paid first class post or other next working day delivery service, on the second business day after posting;
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If sent by email, one business day after transmission; or
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If posted on our website, immediately.
15.5 Proof of Service: To prove service of a notice, it will be sufficient to show, in the case of a letter, that the letter was correctly addressed, stamped, and placed in the post, and, in the case of an email, that the email was sent to the specified email address of the1 recipient.
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16) OTHER IMPORTANT TERMS
16.1 Transfer of Rights and Obligations: We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms.
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16.2 Transfer by You: You may only transfer your rights or obligations under these Terms to another person if we agree to this in writing.
16.3 Third Party Rights: This contract is between you and us. No other person has any rights to enforce any of its terms.
16.4 Severability: Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 Waiver: If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that does not mean that we will automatically waive any later default by you.
16.6 Governing Law and Jurisdiction (Consumers): If you are a consumer, these Terms are governed by Scots law. This means that a contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Scots law. You and we both agree that the courts of Scotland will have non-exclusive jurisdiction.
16.7 Governing Law and Jurisdiction (Businesses): If you are a business, a contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the law of Scotland.
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16.8 Exclusive Jurisdiction (Businesses): If you are a business, we both irrevocably agree that the courts of Scotland will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a contract or its subject matter or formation (including non-contractual disputes or claims).
SKELF is a Trading name of SCENEGINEERING Limited
74 Hydepark Street,
Glasgow G3 8BW,
Scotland, UK