1. Introduction

These terms and conditions (“Terms”) govern your use of the website located at https://namibianhardwood.co.uk/ (“Website”) and our supply of goods through the Website.

By using this Website, ordering any goods (“Goods”) through this Website, or otherwise engaging with the content on this Website, you:

  1. represent and warrant that you are over 18 years of age; and
  2. agree to be bound by these Terms, which constitute a binding legal agreement between you (“Customer”, “your” or “you”) and us, Namibian Hardwood UK Ltd (Company Number 14360989) (“Company”, “our”, “we” or “us”).

We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.

2. Use of the Website

2.1 Access and Use of the Website

You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your representatives, employees, sub-contractors and any other agents, if any, who use or access the Website comply with the Terms and any applicable laws.

2.2 Your Obligations

You shall not:
  1. copy, mirror, screenshot, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of the Company;
  2. use the Website for any purpose other than the purposes of browsing, selecting or purchasing Goods;
  3. use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
  4. use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
  5. use the Website with the assistance of any automated scripting tool or software;
  6. act in a way that may diminish or adversely impact the reputation of the Company, including by linking to the Website on any other website; and
  7. attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
    1. gaining unauthorised access to Website accounts or data;
    2. scanning, probing or testing the Website for security vulnerabilities;
    3. overloading, flooding, mailbombing, crashing or submitting a virus to the Website;
    4. instigating or participating in a denial-of-service attack against the Website.

2.3 Information on the Website

While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

  1. the Website will be free from errors or defects;
  2. the Website will be accessible at all times;
  3. messages sent through the Website will be delivered promptly, or delivered at all;
  4. information you receive or supply through the Website will be secure or confidential; or

 We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

2.4 Information on the Website

  1. the Website will be free from errors or defects;
  2. the Website will be accessible at all times;
  3. messages sent through the Website will be delivered promptly, or delivered at all;
  4. information you receive or supply through the Website will be secure or confidential; or

We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

2.5 Intellectual Property

  1. The Company retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (“Website Content”) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
  2. You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, screenshot, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from the Company or as permitted by law.

2.6 Links to Other Websites

  1. The Website may contain links to other websites that are not our responsibility.
  2. We have no control over the content of the linked websites and we are not responsible for it.
  3. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

2.7 Security

The Company does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

2.8 Reporting Misuse

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

2.9 Privacy

You agree to be bound by the clauses outlined in the Company’s Privacy Policy, which can be found here.

3. Supply Terms

3.1 Offer To Purchase

By submitting an order for purchase of a Good using the Website’s functionality (“Order”) you represent and confirm that you:

  1. have the legal capacity and are of sufficient age to enter into a binding contract with us; and
  2. are authorised to use the debit or credit card included in your order.

Submitting an Order constitutes your intention and offer to enter into a contract, where we will provide you with the Goods you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment and you receive an email from us confirming that your order is being processed.

3.2 Goods

  1. We will endeavour to ensure that the Goods provided will be substantially the same as the Goods displayed on the Website. Please note that due to screen display, colour and brightness, and image quality, Goods may not exactly match the image on our Website. We try to make sure that:
    1. all weights, sizes, texture and measurements set out on the Website are as accurate as possible, but due to the nature of the Goods, there may be some small deviations in such weights, sizes, texture and measurements in the actual Goods than those specified on the Website (or in any correspondence to you from us); and
    2. the colours of our Goods are displayed accurately on the Website (or in any correspondence to you from us), the actual colours that you see on your device may vary depending on the device that you use.
    3. We are under a legal duty to supply you with Goods that are in conformity with the Terms (subject to your Order being accepted and confirmed), though we may substitute certain components of the Goods, or the Goods provided that the replaced portions comply with the purpose and quality requirements.

3.4 Delivery & Shipping

  1. (Delivery) For Goods to be delivered, we may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by us. The estimated date and time window for delivery of Goods will be set out in your confirmation email and will be confirmed with you once payment in full is received. Delivery will take place at the address provided by you when you placed your Order with us.
  2. (Instalments) Where necessary, we reserve the right to deliver the Goods by instalments.
  3. (Shipping) All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. If an event which is outside of our control takes place and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery. We do not warrant or make any representation that your Order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
  4. (Quantity of Goods) While we take every effort to ensure that the correct number of Goods will be delivered to you in connection with an Order, there may be circumstances where we do not have sufficient stock to do so. In such circumstances, we will reimburse you on a pro rata basis and will not be liable for any loss or damage caused as a result of this.
  5. (Acceptance of delivery) If nobody is available to take delivery on the confirmed delivery date, you must contact us using the email address at the beginning of these Terms at least 4 days prior to the confirmed delivery date and a new date can be mutually agreed.

3.5 Title & Risk

  1. (Title) Until the price of Goods is paid in full, title in those Goods is retained by us.
  2. (Risk) Risk in the Goods will pass to you on delivery of the goods to you or such third-party or agent as nominated by you. Delivery must not be refused by you.

4. Third Party Suppliers

  1. We may do any of the following:
    1. outsource the delivery of the Goods;
    2. outsource payment of the purchase price; or
    3. procure materials and Goods from third party manufacturers or suppliers, without notice to, or permission from, you.
  2. To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.

5. Liability

  1. To the maximum extent permitted by applicable law, the Company limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Terms or any Goods provided by the Company, is limited to the purchase price of the Goods purchased in respect of your Order.
  2. (In transit) Claims for loss of or damage to Goods in transit must be made against the carrier.
  3. (Warranties) Goods sold by the Company will have only the benefit of any warranty given by the manufacturer. All express or implied representations and warranties in relation to Goods by the Company are, to the maximum extent permitted by applicable law, excluded.
  4. (Indemnity) You indemnify the Company and its directors, shareholders, employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
    1. breach of the Terms;
    2. use of the Website; or
    3. use of any Goods, or other goods provided by the Company or any third party provider.
  5. (Consequential loss) To the maximum extent permitted by law, under no circumstances will the Company be liable for any incidental, special or consequential loss or damages, or damages for loss of data arising under or in connection with this agreement, these Terms or any Goods provided by the Company (except to the extent this liability cannot be excluded under law).
  6. To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these Terms or an Order, including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause will be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions will remain in full force and effect.

6. Notices

  1. A notice or other communication to a party under this agreement must be:
    1. in writing and in English; and
    2. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (“Email Address”). The parties may update their Email Address by notice to the other party.
  2. Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
    1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
    2. when replied to by the other party,
  3. For the purpose of these Terms, all notices to us should be directed to orders[at]namibianhardwood.co.uk.

7. Force Majeure

  1. We will not be liable for any delay or failure to perform our obligations under this agreement if such delay or failure arises out of a Force Majeure Event.
  2. If a Force Majeure Event occurs, we will use reasonable endeavours to notify you of:
    1. reasonable details of the Force Majeure Event; and
    2. so far as is known, the probable extent to which we will be unable to perform or be delayed in performing our obligations under this agreement.
  3. Subject to compliance with clause 7(b), our relevant obligations will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
  4. For the purposes of this agreement, a ‘Force Majeure Event’ means any:
    1. act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
    2. strikes or other industrial action outside of the control of the Company; or
    3. war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
    4. any decision of a government authority in relation to any event beyond the reasonable control of the Company, to the extent it affects the Company’s ability to perform its obligations.

8. Dispute Resolution

  1. A party claiming that a dispute has arisen under or in connection with these Terms must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory injunction, unless that party has complied with the requirements of this clause.
  2. A party that requires resolution of a dispute which arises under or in connection with the Terms must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
  3. Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

9. General

9.1 Governing Law and Jurisdiction

These Terms are governed by the law of England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the English courts and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

9.2 Waiver

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

9.3 Severance

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

9.4 Third Party Rights

The Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

9.5 Assignment

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

9.6 Costs

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

9.7 Entire Agreement

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

9.8 Interpretation

  1. (singular and plural) words in the singular includes the plural (and vice versa);
  2. (gender) words indicating a gender includes the corresponding words of any other gender;
  3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
  6. (the Terms/this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to the Terms includes all schedules, exhibits, attachments and annexures to it;
  7. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
  8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  9. (includes) the word “includes” and similar words in any form is not a word of limitation;
  10. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
  11. (currency) a reference to £, or “GBP”, is to British Pounds currency, unless otherwise agreed in writing.