Terms and Conditions

1. General

The following terms and conditions apply to all purchases made from Sherwood and Morgan and formulate the basis for all contracts between us and our customers. No other terms and conditions shall apply to the sale of our goods unless otherwise stated in a valid contract signed by an authorised representative of Sherwood and Morgan Ltd. Therefore all purchases are conditional upon your acceptance of these terms and conditions.

These terms and conditions may be changed at any time and it remains the customers responsibility to check periodically for any updates.

These terms and conditions shall be governed in all respects by English Law and any dispute arising under or in connection with the foregoing shall be determined through the English Courts.

2. Purchases

Orders: No order for goods shall be binding upon Sherwood and Morgan unless and until accepted by us in writing. We reserve the right to decline any order placed with us in our entire discretion.

Availability of Goods: All goods are subject to availability and may be withdrawn at any time. If for any reason the goods that have been ordered are not available, we will offer an alternative product or give a full refund. We will not be held responsible for providing compensation for any losses suffered if we are unable to supply the requested goods.

Description of Goods: We take care to ensure that details, descriptions and prices within our website are correct but errors may occur and we reserve the right to update our website at any time. We also reserve the right to change the specification of the goods we sell.
Every care is taken to faithfully reproduce all descriptions of our goods, however errors may occur. If there is any doubt about an item, we recommend customers to contact us to discuss the goods in more detail.

Our products are crafted from natural materials and printed using complex processes. Accordingly small variances may occur (for example, in colour) when goods are displayed onscreen on our website and we accept no responsibility for such matters unless the variance is substantial.

3. Prices

Currency: Unless otherwise stated, any prices that are quoted are in pounds sterling and are exclusive of taxes.

Price: Unless otherwise stated in a valid contract, the price payable for goods will be the relevant price published in the current sellers price list at the date of acceptance of an order.

Quotations: If a quotation contains a price which differs from the published price and a subsequent contract is entered into within the acceptance period of that quotation (or otherwise 30 days from the date of that quotation) then the price shown in the quotation shall be the price of the goods.

In all other circumstances, prices are subject to change at any time before we accept an order from a customer.

Delivery: Delivery will be charged separately (see below).

4. Delivery:

Carriers: We use third party carriers. All quoted delivery times are estimates only and will be given in good faith. However, Sherwood and Morgan will not be liable for delays in delivery by third party carriers and time shall not be of the essence in relation to the delivery of any goods. All deliveries will be charged at cost.

Inspection of goods on delivery: The customer is responsible for inspecting the goods upon delivery and any shortfall or defect must be notified to us in writing within 3 working days of the delivery date.

Ownership: All goods shall remain our property (notwithstanding delivery and the passing of risk) until paid for by the customer. However, the risk of loss or damage to the goods passes to the customer on delivery and the customer will be responsible for the safe custody and insurance of the goods until ownership passes. The customer is responsible for keeping the goods identified as our property until ownership has passed and we will be entitled to enter premises where the goods are stored and recover them in case of non-payment. Accordingly, no resale of the goods or incorporation into other materials or products without prior consent will be permitted to take place until payment is made in full. Where the customer has agreed to collect the goods, the risk of damage to the goods will pass to the customer after 7 days if the customer has failed to collect them.

5. Payment:

Currency: Purchases made from outside the UK will automatically be converted into Sterling at the time of purchase.

Invoices: All sales are supplied with a full invoice giving a description of the goods purchased, the price paid and delivery charges, including VAT. Unless otherwise agreed, payment will be due 30 days from the date of the invoice following delivery.

Non-payment: Sherwood and Morgan reserves the right to charge interest on any overdue payment at the rate of 4% per annum above the Base Rate of Barclays Bank PLC for the time being in effect, calculated in a daily basis on the outstanding balance from the due date until the date that payment is credited to the Seller’s bank account.

In addition Sherwood and Morgan, without affecting any other remedy which we may have, will be entitled to cancel the contract and/ or suspend any further deliveries of goods if any payment is not made on the due date.

6. Intellectual property

Sherwood and Morgan will take all necessary steps to protect the customer against any claims that the goods infringe any intellectual property rights of a thirty party. The customer is required to promptly notify us of any such claim and will fully co-operate with Sherwood and Morgan Ltd to conduct the defence of any proceedings. Under no circumstances will the Customer settle any such claim without prior written consent.

7. Returns/Refunds

Faulty/damaged goods, on delivery: Where goods received by the customer are faulty, damaged or there is a shortfall then Sherwood and Morgan must be notified within 7 days of receipt in order for replacement goods to be sent free of charge. In addition, the goods must be returned to us within 14 days at the customers expense. All goods are returned to us at the customers risk. No claim will be accepted outside this time limit. Any re-delivery is subject to the safe return of any faulty or damaged goods or (as appropriate) the provision by the customer of such proof of a shortfall as we may reasonably require. Where a defect is subsequently confirmed as attributable to us and we accept liability to provide replacement goods, we will refund any reasonable postage charges incurred by the customer in returning any goods.

Natural variance: Please note that our products are crafted from natural materials and printed using complex processes. Accordingly small variances may occur (for example, in colour) when goods are displayed on our site and we accept no responsibility for such matters unless the variance is substantial.

Limitation of liabilities with regard to faulty or damaged goods: Other than as set out above we accept no liability in relation to faulty or damaged goods, or any shortfall, on delivery. Specifically, the warranties given above will not apply to defects which are, in our reasonable opinion, due to fair wear and tear, accidental damage or failure by the customer to adhere to our instructions or written recommendations. All terms, conditions and warranties implied by law, trade use or otherwise (including but
not limited to any warranties as to quality or fitness for purpose) are excluded to the extent permitted by law. The customer, by entering into a contract with us, acknowledges that the only warranties are those given expressly by Sherwood and Morgan and expressly laid out in these terms and conditions.

In no event shall our liability exceed the value of the goods in question.

Return of non-faulty goods: All fabrics are printed to order and therefore returns of non-faulty goods are not be permitted.

Customised goods: Where fabrics have been customised as part of our bespoke service, we are unable to accept the return of non-faulty goods. We are unable to accept returned fabrics if cut from the roll on which they are sent.

8. Force majeure

Notwithstanding anything set out in these terms and conditions, we will not be liable for any failure or delay in performance of our obligations if it is due to an event beyond our reasonable control, including, without limitation, acts of God, war, industrial dispute, fire, flood, tempest or national emergencies. If so delayed, we will be entitled to a reasonable extension of time for performing our obligations. Any dates we specify for the delivery of the goods are only approximate and we shall not be liable for any losses, damages, charges, costs or expenses caused by any delay in delivery of the goods.

9. Entire Agreement

These terms and conditions constitute the standard terms and conditions agreed between us. Other than information on our website and information supplied with our goods the customer must acknowledge that they have not relied on any statement, warranty or representation given in relation to our goods.

10. Exclusion of liability

Statutory rights as a consumer are not affected by the limitations set out in these terms and conditions and cannot be excluded by Law. Except where we are negligent we accept no liability for injury or damage caused by the improper use of any goods. In addition, nothing in these terms and conditions shall purport to exclude liability for fraud or deliberate concealment.

11. Use of this website from outside the UK

Anyone who chooses to access this website from locations outside the UK or place orders for delivery to locations outside the UK is responsible for compliance with customs requirements and local laws if and to the extent applicable.

12. Customer care/complaints

If you have any queries regarding your purchase of goods, please contact us directly.