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TERMS AND CONDITIONS
of
ONYX COMMERCIAL LTD
Overview
This document outlines the legal terms and conditions on which we conduct business with you. These terms and conditions are binding to the exclusion of all other agreements and all other terms and conditions that may be in force at the time of your engagement with Onyx Commercial Ltd. Please read these terms and conditions carefully, making sure that you fully understand them, before ordering any services or products from us. By using our website or ordering any of our products, you agree to be bound by these terms and any other terms expressly referred to in it. Where purchases are made online through any website owned by Onyx Commercial LTD, by ticking the acceptance box you confirm that you accept these terms and conditions. Where purchases are made offline or by any other means, confirmation in writing of your agreement to buy, through email or other verbal communication, OR part or full payment of an invoice issued by us, confirms that you unconditionally accept these terms. If you do not accept these terms and conditions, you may not order services or products from us. Any variation to these terms (including any special terms and conditions agreed between the parties) shall be inapplicable unless set out on the invoice or otherwise agreed in writing between the parties. These terms will govern and be incorporated into every contract and shall prevail over any terms or conditions (whether or not inconsistent with these terms and conditions) contained or referred to in any correspondence or implied by custom, practice or course of dealing. We amend these terms and conditions from time to time and the date of the last revision is included at the end of this document. Every time you wish to order products, please check the terms and conditions to ensure that you understand all clauses which are currently in force.
Definitions
“Onyx”, “Log-Barn” are trading styles of Onyx Commercial Limited, a company registered in England with registered address c/- JCK LTD, 8th Floor South Reading Bridge House, George Street, Reading, RG1 8LS (Company Number: 07981034).
‘Conditions’ means the Terms and Conditions stated in this document.
‘Site’ means the websites owned and operated by Onyx Commercial LTD.
‘Website User’ is any person visiting one or more of our websites.
‘Retail Buyer’ means a person or individual who is purchasing products from Onyx Commercial Ltd.
‘Wholesale Buyer’ means any business or organisation who is purchasing or who has agreed to purchase products from Onyx Commercial LTD.
‘Shipper’ is any entity purchasing transport or transport related services from Onyx Commercial LTD.
1. Information about us
1.1 We are Onyx Commercial LTD, a company registered in England and Wales under company number 07981034 and VAT number GB 132708431.
1.2 Log-Barn is a trading name of Onyx Commercial LTD, and all terms and conditions set out here are applicable to the transactions and business activities of Log-Barn.
1.3 Our websites include (but are not limited to), www.log-barn.co.uk, www.onyxcommercial.co.uk, www.luxurywood.co.uk, and www.wholesalewood.co.uk.
1.4 You can contact us by writing to us at:
Onyx Commercial Ltd
Units 11 & 13
Manor Business Park
Darlton Rd, East Drayton
DN22 0LG
TERMS AND CONDITIONS APPLICABLE TO USERS OF OUR WEBSITES
2. Access
2.1 Onyx Commercial LTD is the legitimate owner and operator of the Sites www.log-barn.co.uk, www.luxurywood.co.uk, www.wholesalewood.co.uk, and www.onyxcommercial.co.uk.
2.2 You are provided with access to our Site in accordance with these Conditions and any use of them must be in accordance with these Conditions.
2.3 Your use of the Site is subject to these Conditions. By using the Site, you will be deemed to have accepted and agreed to be bound by these Conditions.
2.4 We provide the Site on an ‘as is’ basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site.
2.5 To the maximum extent permitted by law we exclude all conditions, warranties and other Conditions that might otherwise be implied by law into these Conditions.
2.6 To the maximum extent permitted by law we exclude any and all liability to you, whether arising out of these Conditions or otherwise in connection with the use of the Site.
2.7 Nothing in these Conditions is intended to exclude or limit any liability that may not by law be excluded or limited, in particular none of the clauses are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded.
3. Our Rights
3.1 We reserve the right to modify or withdraw, temporarily or permanently, this Site (or any part thereof) with or without notice to you.
3.2 We reserve the right to restrict your access to the Site or part of it.
3.3 We reserve the right to protect our intellectual property rights contained on the Site, including all text, pictures, videos and other content made available on the Site. You may not make copies of such content without our prior written permission.
3.4 We reserve the right to take legal action in the event that our intellectual property has been taken for use without our permission.
4. Use of the Site
4.1 Your permission to use the Site is personal to you and not-transferable.
4.2 Your use of the Site is conditional upon the rules set out in these Conditions.
4.3 By using this Site you agree to not use it for any fraudulent or unlawful purpose.
4.4 By using this Site you agree to not use it to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others.
4.5 By using this Site you agree not to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site.
4.6 By using this Site you agree to not interfere with or disrupt the operation of the Site or the servers or networks used to make the Site operational.
4.7 By using this Site you agree to not transmit or otherwise make available in connection with the Site any virus, malware, bloatware, ransomware, worm, trojan horse or other computer code that is harmful, invasive or could damage the operation of, or monitor the use of, any hardware, software or equipment.
5. Third Party Links
5.1 To provide suggestions or easier use we may provide links to other websites.
5.2 You acknowledge and agree that we are not responsible for and do not endorse such external websites or resources and that use of any such third party websites is entirely and wholly at your own risk.
6. Privacy and Security
6.1 By using our Site you agree that we may collect, process, and store information about you including details of your visits such as pages viewed and the resources that you access. Such information includes traffic data, location data and other communication data.
6.2 By using our Site you agree that we may collect, process, and store information you explicitly provide to us, including email addresses, phone numbers, mailing addresses collected through processing of purchases, inquiries through our contact form, requests for samples or registration for our prize draws.
6.3 By using our Site you agree that we (or our advertisers) may collect, process, and store cookies, where appropriate, to gather information about your computer in order to assist us in improving our website, and you acknowledge that you are able to adjust the settings on your computer to decline all setting of cookies if you wish.
6.4 You agree that we may from time to time email the contacts in our database regarding special offers or general information. Any such emails will contain an unsubscribe facility so that users can choose to be taken off our mailing list. No further emails will be sent to any recipients that have chosen to unsubscribe from our mailing lists.
6.5 In operating the Site it may become necessary to transfer data that we collect from you to locations outside of the European Union for processing and storing. By providing your personal data to us, you agree to this transfer, storing or processing. We do our utmost to ensure that all reasonable steps are taken to make sure that your data is treated and stored securely.
6.6 Unfortunately, the sending of information via the internet is not totally secure and on occasion such information can be intercepted. We cannot guarantee the security of data that you choose to send us electronically, and sending such information is entirely at your own risk.
6.7 You agree that we may disclose personal information to a third party in the event that we sell any or all of our business.
6.8 You agree that we may disclose personal information to a third party where we are legally required by law to disclose your personal information.
6.9 You agree that we may disclose personal information to a third party to assist with fraud protection and reduce the risk of fraud.
6.10 In accordance with the Data Protection Act 1998, you have the right to access any information that we hold relating to you. Please note that we reserve the right to charge a fee of £10 to cover costs incurred by us in providing you with the information.
TERMS AND CONDITIONS APPLICABLE TO RETAIL BUYERS
7. Our Products
7.1 Any images of our products are for illustrative purposes only. Although we make every effort to display our products accurately, we cannot guarantee that the products exactly reflect them. The products you order may vary from any images you have seen on our Site or on any other advertising.
7.2 The packaging of the products may vary from that shown on any images which are used on our Site or advertising materials.
7.3 All of our products are subject to availability. We will inform you by email as soon as possible if the product you have ordered is not available.
7.4 In the event that the product you have ordered is not available, we reserve the right to cancel the order and refund the Retail Buyer in full.
8. Purchases
8.1 You may only purchase products from us if you are 18 years or over.
8.2 By placing an order by phone or on our Site, Retail Buyers are deemed to have accepted the Conditions unconditionally, and we intend to rely upon these Conditions and any document expressly referred to in them in relation to the contract between you and us.
8.3 While Onyx Commercial LTD accepts responsibility for statements and representations made by our duly authorised agents, any variations from these Conditions must be confirmed in writing by a Director of the company.
9. Prices and Fees
9.1 The price of products and any applicable delivery charges shall be the price set out in the order form (online cart) or summarised to you over the phone.
9.2 We take all reasonable care to ensure that the price is correct at the time our Site or authorised agents provide it to you. However, if we discover an error in the price we reserve the right to cancel your order and issue a full refund.
9.3 Prices for our products may change from time to time, but changes will not affect any order which we have already delivered.
9.4 Where there is an option of a reduced rate of VAT, you may only choose that option if you are entitled by law to that lower rate of VAT. Choosing the correct rate of VAT is the responsibility of the Retail Buyer, and any fraudulent use of this feature may result in an investigation of the Retail Buyer by Her Majesty's Revenue and Customs (HMRC). Onyx Commercial LTD accepts no liability for fraudulent use of selectable VAT rates.
9.5 Retail Buyers can pay for products using Debit or Credit card only. We do not accept payment by cheque or cash.
10. Cancellation
10.1 Retail Buyers may cancel their contract of purchase between the time of purchase and within 14 days of receiving delivery of goods for any reason. For orders cancelled after we have dispatched the order from our warehouse, there is a return fee of £80, which is the true cost of returning the goods to us.
10.2 If you provide reasonable evidence that you received goods which are of unsatisfactory quality, unfit for purpose or not as described, within 30 days of receiving the product, you are entitled to claim compensation or return the products. Any claims after 30 days of receipt of goods will be dealt with at the discretion of Onyx Commercial LTD.
10.3 Any goods returned to us after having been delivered to you must be in the original packaging and unused. Onyx Commercial LTD reserves the right to withhold refunds until returned goods have been received and make deductions from any refunds if the products are found to be partially used or tampered with.
10.4 The return of any goods after having been delivered to you is at the responsibility and cost of the Retail Buyer. Bearing the cost of return delivery and any assistance with this process by Onyx Commercial LTD is at Onyx Commercial LTD’s discretion.
10.5 You understand and agree that timber is a naturally occurring product, and may need resizing or planing, air drying or treating before being placed into service. Any timber that shows deterioration, movement, expansion or contraction, mould or surface deterioration after installation will be the sole responsibility of the buyer unless the timber is specifically sold as “treated” and covered by an exterior use guarantee. In all cases, you agree that any defects identified on delivery must be reported to us prior to installation so we may have a fair opportunity to remedy the situation (replacement or collection). You agree that we are not able to refund any timber purchases where the wood has been drilled, planed, cut or treated, or any other situation where the wood cannot be returned or collected in the same condition that it was delivered to you.
10.6 To cancel your contract, you must contact us in writing by sending an email to support@log-barn.co.uk or by sending a letter to Onyx Commercial LTD at Unit 11 and 13, Manor Business Park, Darlton Rd, East Drayton, DN22 0LG.
11. Delivery to Retail Buyers
11.1 Onyx Commercial LTD will dispatch orders within 24 hours of placing an order, excluding Sundays. Orders are sent on a 48-hour delivery service using external couriers. Any indication of delivery times, waiting periods, delays, and so on, are purely estimations and not contractually binding. We advise all customers to not book contractors or any resources associated with a requirement of ordered products until orders are received in full. By ordering from us, you unreservedly agree that Onyx Commercial LTD will not be held responsible for costs associated with late, postponed, or cancelled delivery, and any such associated costs are entirely at your own risk.
11.2 If you have not received your delivery within 5 business days of dispatch, please contact us, and we will investigate the delay with our courier.
11.3 We will deliver to the address specified when you place an order. In the event that you have provided an incorrect address, you must advise us as soon as possible and inform us of the correct address. If delivery is made to an incorrect address specified by you, we will not be held responsible for moving the goods at a later date. Any relocation of the goods after the initial delivery will be at our discretion and at the Retail Buyer’s expense.
11.4 Prior to the arrival of your goods, you will have agreed on the date for your delivery with one of our authorised agents. If you are not home at the time delivery is attempted on that date, the cost of redelivery on a new date will be covered by the Retail Buyer.
11.5 You agree to take delivery of your order within 5 working days of placing your order. We reserve the right to charge a storage fee of up to £10 per item per day from the 6th day onwards.
11.6 In the event of any damage to your property in the course of delivery, you agree to provide us with an estimate for damages in the first instance. We may decide, at our discretion, to seek an independent quote for repairs. We reserve the right to use insurance to cover such costs. No works or repairs can be carried out at the expense of Onyx Commercial LTD without prior approval in writing from ourselves. Any unauthorised repairs will be entirely at the expense of the Retail Buyer.
11.7 Onyx Commercial LTD disclaims all liability from any damage or death to any property or person that may occur during the delivery process. Any liability for damage that may occur during the delivery process lies strictly with our contracted third-party courier.
11.8 We do not deliver to addresses outside of the UK or the Republic of Ireland.
12. Extent of Liability Retail Buyers
12.1 If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable.
12.2 Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the contract.
12.3 Retail Buyers agree not to use our products for any commercial, business, or re-sale purpose unless we specifically agree to this with you in writing. Onyx Commercial LTD accepts no liability to Retail Buyers for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.4 Onyx Commercial LTD does not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or breach of any applicable consumer protection laws.
TERMS AND CONDITIONS APPLICABLE TO WHOLESALE BUYERS
- Contracts of Sale
13.1 A contract of sale with Onyx Commercial LTD is deemed to have been entered into whenever a duly authorised agent of a registered business confirms the intent to proceed with an order or costing estimate. Where this is the case, the Wholesale Buyer agrees to be unconditionally bound by these Conditions.
13.2 A duly authorised agent may be any official director or employee of a business.
13.3 All sales contracts commit Onyx Commercial LTD to the delivery of products that are of satisfactory quality, fit for purpose, and as described.
13.4 A Wholesale Buyer who has received delivery of goods is deemed to have had adequate and substantial opportunity to inspect those goods and confirm that they meet the specifications as detailed on sales invoices, and agrees to raise any disputes concerning product quality or specifications within 48 (Forty Eight) hours of receipt of goods.
13.5 Onyx Commercial LTD will not be held liable for any claims concerning product quality where the Wholesale Buyer notifies Onyx Commercial LTD after 48 (Forty Eight) hours of the recorded time of receipt of goods.
13.6 In the event of a dispute over product quality or product specifications, the Wholesale Buyer agrees to return the received goods to Onyx Commercial LTD at the cost of the Wholesale Buyer, and until such a time as the goods are received by Onyx Commercial LTD, the Wholesale Buyer remains liable for all monies due under the contract of sale, unless otherwise notified by Onyx Commercial LTD in writing.
14. Special Terms
14.1 As a Wholesale Buyer, you acknowledge that Onyx Commercial LTD has spent considerable investment in finding suppliers in the course of its trade, and that direct communication or business arrangements between Wholesale Buyers and the suppliers of Onyx Commercial LTD is likely to harm the business performance of Onyx Commercial LTD.
14.2 As a Wholesale Buyer, therefore, you agree that you will not approach, communicate with, or purchase from any supplier responsible for the production or manufacturing of products supplied to you through Onyx Commercial LTD, for a period of 24 (twenty-four) months of receiving goods which have originated from that supplier.
14.3 Breach of clause 14.2 will entitle Onyx Commercial LTD to claim compensation from the Wholesale Buyer, of a sum no less than 20% of all purchases concluded between the Wholesale Buyer and the said supplier of Onyx Commercial LTD, for a period of 24 months following completion of the first purchase from said supplier.
14.4 It is agreed that clause 14.2 does not apply where the Wholesale Buyer has purchased goods from the supplier in question, during the 12 month period immediately prior to entering into a contract with Onyx Commercial LTD for goods originating from that supplier.
15. Liabilities
15.1 Under no circumstances will Onyx Commercial LTD accept liability to any Wholesale Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract any loss of profits, sales, business or revenue, any loss or corruption of data, information or software, any loss of business opportunity, any loss of anticipated savings, goodwill, or indirect consequential loss.
15.2 The total liability of Onyx Commercial LTD to any Wholesale Buyer in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the product.
15.3 Except as expressly stated in these Conditions or explicitly stated in any contract of sale, we do not give any representations, warranties or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated into these Conditions 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 purposes.
16. Title and Ownership
16.1 In spite of delivery having been made and the passing of risk in the products, title of the products shall not pass from us to you until you have paid in full.
16.2 Until property in the products passes to you in accordance with this clause, you shall hold the products on a fiduciary basis as a Bailee of the Onyx Commercial LTD.
16.3 We shall be entitled to recover the price notwithstanding that the property in the product has not passed from us to you.
16.4 Until such time as property in the products passes from us to you, you shall, upon request, deliver up the products to us. If you fail to do so, we may enter upon any premises owned, occupied or controlled by you, where the products are situated and take repossession of the products.
16.5 You shall not pledge or in any way charge, by way of security for any indebtedness, the products while they remain our property.
16.7 You shall insure and keep insured the products to their full price against all risk to our reasonable satisfaction until the date the property in the products passes from us to you and you shall whenever requested by us, produce a copy of the policy of insurance.
16.8 In the event that products are dispatched to you before payment in full and in cleared funds of the price, you shall pay the price of any balance on the date and by the method set out in the order form or invoice. If you fail to make such payment within 10 calendar days of the due date for payment, then we shall be entitled to charge you interest (both before and after any judgments) on the amount unpaid from the date on which it was due at the rate of statutory interest under the Late Payment of Commercial Debts (interest) Act 1998 until payment is made in full.
16.9 You shall be liable for and indemnify us against all costs and expenses incurred by us in respect of any steps, actions or proceedings made or brought against you by us to obtain payment of outstanding monies and interest.
16.10 If either party to the contract goes into liquidation and becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed the contract can be terminated. Termination of the contract shall not affect any rights either party had up to the date of termination.
17. Events Beyond Our Control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an event beyond our control.
17.2 An event beyond our control means any act or event beyond our reasonable control including without limitation: accident to or breakdown of delivery vehicle, strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If an event beyond our control takes place that affects the performance of our obligations under a contract, Onyx Commercial LTD will contact you as soon as reasonably possible to notify you.
17.4 In the event of an event beyond our control, Onyx Commercial LTD’s obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the event beyond our control.
17.5 Where 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 of our control is over.
18. Communications
18.1 When we refer to these Conditions, to “in writing” this will include by email or letter.
18.2 If you wish to contact us in writing, or if any clause in these Conditions requires you to give us notice in writing, you can send this to us by email at support@log-barn.co.uk. We will confirm receipt of this by contacting you in writing, normally by email.
18.3 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provided to us in your order.
18.4 Any notice given by you to us, or by us to you, will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
ADDITIONAL TERMS AND CONDITIONS IN FORCE
19. Entire Agreement
19.1 These Conditions and any documents referred to within these Conditions set out the whole of our agreement relating to the supply of goods to you by us. Nothing said by any salesperson on our behalf should be understood as a variation of these Conditions or as an authorised representative about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentations, we shall have no liability for any such representations being untrue or misleading.
20. Jurisdiction
20.1 These Conditions are governed by English Law. This means a contract for the purchase of products and any dispute or claim arising out of or in connection with it will be governed by English Law. You agree that the court of England has non-exclusive jurisdiction.
21. Invalidity
21.1 If any part of these Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
22. Dispute Resolution
22.1 In the event of any dispute or disagreement arising out of or in connection with the contract or any breach of contract, either party may serve notice upon the other, setting out brief details of the dispute that has arisen and the parties shall use reasonable endeavours to settle the dispute by good faith negotiation.
22.2 If the dispute cannot be resolved within 28 days of either party serving notice of a dispute, the parties shall submit the dispute to a neutral adviser.
22.3 Either party may give written notice to the other explaining the dispute, proposing three suitable persons to be appointed.
22.4 If the parties accept any recommendations made by the neutral adviser or otherwise reach an agreement as to the resolution of the dispute, such agreement shall be recorded in writing and signed by the parties, and the neutral adviser as a witness. At this point, the agreement shall become binding upon the parties.
22.5 The costs and fees of the neutral adviser shall be borne equally by the parties. The parties shall bear their own costs of all other aspects, including legal advice, of the ARD procedures.
22.6 If the dispute is not resolved by the independent adviser, then the dispute can be resolved via court proceedings.
Revised 22 July 2024