These terms and conditions are the contract between you and WoodyNess (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.

They are based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.

We are: Alexandra and Camillus Adjei trading as WoodyNess. Our address is Redburn House, Glenmoriston, Inverness-shire IV63 7YJ.

You are: the “User”, anyone who uses Our Website. 

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.

In this agreement:

“Consumer”      means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.

“Content”     means the textual, visual or audio content that is encountered on Our Website. It may include, among other things: text, images, sounds, videos and animations.

“Extra Work”      means all of the work we do and materials we buy to prepare or produce Specified Goods.

“Goods”     means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.

"Intellectual Property"      means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights, software, discoveries, know-how, together with all rights which are derived from those rights.

"Post"      means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

“Specified Goods”      means Goods which have been subject to work or process to your specific order.

“Our Website”     means any website of ours, and includes all web pages controlled by us.

Unless the context clearly requires otherwise, the interpretation of this agreement shall be subject to the matters listed below.

2.1      a reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa.

2.2      a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.

2.3      the headings to the paragraphs of this agreement are inserted for convenience only and do not affect the interpretation.

2.4      in the context of permission, “may not” in connection with an action of yours, means “must not”.

2.5      any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.

2.6      a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.

2.7      in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the  indemnified party, such cost calculated at £35 per hour.

2.8      these terms and conditions apply to all supplies of Goods by us to you. They prevail over any terms proposed by you.

3.1     This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.

3.2     Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.

3.3     If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

3.4     We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods. We advise you to print a copy for your records.

3.5     The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.

3.6     If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.

4.1      This paragraph applies to Goods which you buy from us as advertised, without change to your specific requirements.

4.2     Your order is an offer to buy from us.

4.3      We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall despatch your order.

4.4      At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.

4.5      If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:

            4.5.1  accept the alternatives we offer;

            4.5.2  cancel all or part of your order.

5.1     Prices of Goods (excluding Specified Goods) are shown in full on Our Website; we are not VAT registered. The price of Goods does not include the delivery charge see 6.4.

5.2     It is possible that the price may have increased from that posted on Our Website. If that happens, we will not dispatch the Goods until you have confirmed that you wish to buy at the new price.

5.3     Prices for Specified Goods are available on enquiry, either through the Contact Form on Our Website, by email to hen@woodyness.co.uk or by telephone 07748274155.

6.1     We require the full price of your order before we will send any part of it.

6.2     Bank charges by the receiving bank on payments to us will be borne by us. 

6.3     If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.

6.4     The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay (see Shipping Policy).

6.5     If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.

We take care to make Our Website safe for you to use.

7.1     Card payments are not processed through pages controlled by us. We use Square online payment service provider, their hardware and software comply with the Payment Card Industry Data Security Standard (PCI DSS) and will encrypt your card or bank account details in a secure environment and these details are never stored on our servers or devices.

8.1     Goods are delivered: 

8.1.1 within the UK twelve days from the day you place an order to purchase the Goods (usually sooner). Please see Shipping Policy.

8.1.2 within the rest of the world (excluding North America, Canada & EU) twenty-seven days from the day you place an order to purchase the Goods (usually sooner). Please see Shipping Policy

8.2     Delivery of Goods will be made by Royal Mail to the address stipulated in your order.

8.3     If we are not able to deliver your Goods within the specified time listed in 8.1.1 or 8.1.2 (dependent on delivery address), of the date of your order, we shall notify you by e-mail to arrange another date for delivery.

8.4     We will send you a message by email to tell you when we have despatched your order.

8.5     When your Goods arrive it is important that you check the condition immediately. If your Goods have been damaged in transit, you must photograph the packaging before you open it and then photograph the contents of the parcel. Contact us immediately so that we can try to rectify the problem. Please refer to Returns Policy.

8.6     If the item is sent via Royal Mail Signed For signing "Unchecked", "Not Checked" or similar is not acceptable.

8.7     If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply, but no time given is to be treated as contractual. We are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.

8.8     Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.

Please note that this paragraph does not apply to any Specified Goods you order through Our Website.

This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.

9.1     We now inform you that information relating to all aspects of our Goods is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy. 

            9.1.1  On Our Website we have described and shown our Goods as accurately as possible however we cannot guarantee that the colours shown on your digital device accurately represent the true colour of the Goods and therefore there may be a slight variation in appearance.

9.2     The following rules apply to cancellation of your order:

            9.2.1   If you have ordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money including the original postage cost. 

            9.2.2   If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received  
           them. You must tell us via email to returns@woodyness.co.uk that you wish to cancel. You must also send the Goods back to us within that same 14 day period. 

            9.2.3    We will return your money for the original purchase price and the original postage cost subject to the following conditions:  

                         9.2.3.1 we receive the Goods in a condition in which we can re-sell them at full price, in new condition. 

                         9.2.3.2 you comply with our procedure for returns and refunds (Returns Policy). We cannot return your money unless we know who sent them.

9.3     You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.

9.4     In any of the above scenarios, we will return your money within 14 days.

Notice of right of cancellation

Information about your statutory right to cancel

Your right to cancel

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire 14 days after the contract was made. That means you can cancel before you have downloaded the product or we have delivered it to you.

How to cancel

To meet the cancellation deadline, it is enough for you to send your communication concerning your 

exercise of the right to cancel before the cancellation period has expired.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear 

statement, sent to us by post or e-mail.

You may use the attached model cancellation form, but you can use your own words as long as your intention is clear.

10.1      Please note that the Cancellation Right in section 9 does not apply to Specified Goods.

10.2      Our contract to supply Specified Goods is a contract for both the supply of Goods and the Extra Work you have asked us to do.

10.3      Nothing said or done by us is an acceptance of an order until we confirm clear acceptance in writing, giving you details of our understanding of your exact requirements. From that time, we are both bound to these contract terms.

10.4      Within three working days of entering into this contract we will submit design proposals to you for approval.

10.5      If you wish to make any change to the specification of the Extra Work, you must pay us the sum we estimate that the change will cost us, based on our then current charging rates.

10.6      If you terminate this agreement before the Specified Goods are complete, you agree to pay us for all of the Extra Work to the date of cancellation by you. In addition you will pay us a mark-up of 30% of the total cost of Extra Work.

11.1      Please examine the Goods received from us immediately when you receive them. If you do not tell us of any defect or problem within 30 days of receipt of the Goods, we shall assume that you have accepted them.

11.2      The procedure to return the faulty Goods is as follows:

              11.2.1   the Goods must be returned to us as soon as any defect is discovered but not later than six months from receipt by you.

              11.2.2   please follow the returns procedure provided on Our Website (Returns Policy).

11.3      We will return your money subject to the following conditions:

              11.3.1   we receive the Goods.

              11.3.2   you comply with our returns procedure (Returns Policy). We cannot return your money unless we know who sent the Goods.

              11.3.3   you tell us clearly what the fault is that you complain of, when it first became apparent, and other information to enable us to identify or reproduce it.

11.4      If any defect is found, then we shall:

              11.4.1   repair or replace the Goods, or

              11.4.2   refund the full cost you have paid including the cost of returning the Goods.

12.1 If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.

12.2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

These provisions apply if you buy from us other than being a Consumer. The following rules apply to return the faulty Goods:

13.1      We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.

13.2      You must tell us by email message to returns@woodyness.co.uk that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a Returns Form. If you send Goods to us without a Returns Form, we may not be able to identify sufficient details to enable us to attend to your complaint.

13.3      So far as possible, Goods should be returned:

              13.3.1   with both Goods and all packaging in their original condition;

              13.3.2   securely wrapped;

              13.3.3   including our Returns Form.

              13.3.4   at your risk and cost.

13.4      In returning faulty Goods please enclose with it a note clearly stating the fault and when it arose.

13.5      If we agree that the Goods are faulty, we will:

              13.5.1   refund the cost of return carriage;

              13.5.2   repair or replace the Goods as we choose.

13.6      If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.

14.1      Our privacy policy complies with the Data Protection Act 2018, see Privacy Policy.

14.2      If you Post Content to any public area of Our Website it becomes available to the public domain. We have no control over who sees it nor what anyone does with it.

14.3      Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

14.4      You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.

14.5      You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

14.6      Please notify us of any security breach or unauthorised use of your account.

We invite you to Post Content to Our Website through our Blog page. We have to regulate your use of Our Website to protect our business, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.

We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.

You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

15.1      be unlawful, or tend to incite another person to commit a crime;

15.2      consist in commercial audio, video or music files;

15.3      be sexually explicit or pornographic;

15.4      be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

15.5      give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;

15.6      be made on behalf of some other person, or impersonate another person;

15.7      request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;

15.8      be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;

15.9      include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;

15.10      link to any of the material specified in this paragraph;

15.11      use distribution lists that include people who have not given specific permission to be included in such distribution process;

15.12      send age-inappropriate communications or Content to anyone under the age of 18.

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

16.1      hyperlinks, other than those specifically authorised by us;

16.2      keywords or words repeated, which are irrelevant to the Content Posted.

16.3      the name, logo or trademark of any organisation other than yours.

16.4      inaccurate, false, or misleading information;

See also, ‘Third-party collection of information’ in our Privacy Policy.

17.1      A third-party link on Our Website does not imply endorsement.

17.2      We are not responsible for the content or availability of a third-party website and we are not responsible for whatever happens when users choose to follow a third-party link.

17.3      Users should carefully review the Terms and Privacy Policies of the third-party websites.

17.4      Any concerns or complaints regarding a third-party website or product should be directed to the third-party.

18.1      For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.

18.2      We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

18.3      If you are offended by any Content, the following procedure applies:

              18.3.1   your claim or complaint must be submitted to us via the contact form available on Our Website, or it must be sent to us by post or email.

              18.3.2   we shall remove the offending Content as soon as we are reasonably able;

              18.3.3   after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;

              18.3.4   we may re-instate the Content about which you have complained or we may not.

18.4   In respect of any complaint made by you or any person on your behalf, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

18.5   you now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

19.1      modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

19.2      link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;

19.3      download any part of Our Website, without our express written consent;

19.4      collect or use any product listings, descriptions, or prices;

19.5      collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

19.6      aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;

19.7      share with a third party any login credentials to Our Website;

19.8      Despite the above terms, we now grant a licence to you to:

              19.8.1   create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

              19.8.2   you may copy the text of any page for your personal use in connection with the purpose of Our Website.

20.1      The content on Our Website is the property of WoodyNess and is not to be shared, reproduced, re-used or modified without our permission, other than permitted by this agreement.

20.2      Copyright works owned by you or a third party are unaffected by this agreement.

21.1      The law differs from one country to another. This paragraph applies so far as the applicable law allows.

21.2      All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

21.3      We make no representation or warranty for:

              21.3.1   any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;

              21.3.2   the adequacy or appropriateness of the Goods for your purpose.

21.4      We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.

21.5      You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned.

21.6      We shall not be liable to you for any loss or expense which is:

              21.6.1   indirect or consequential loss; or

              21.6.2   economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.

21.7      This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies who may enforce this provision under Contracts (Rights of Third Parties) (Scotland) Act 2017, as well as to us.

21.8      If you become aware of any breach of any term of this agreement by any person, please tell us by email. We welcome your input but do not guarantee to agree with your judgement.

22.1      You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.

22.2      If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.

22.3      You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

23.1      your failure to comply with the law of any country;

23.2      your breach of this agreement;

23.3      any act, neglect or default by any agent, employee, licensee or customer of yours;

23.4      a contractual claim arising from your use of the Goods;

23.5      a breach of the intellectual property rights of any person.

The following terms apply in the event of a dispute between the parties:

24.1      If you are not happy with our services or have any complaint then you must tell us by email message to help@woodyness.co.uk and we will try our best to resolve the issue.

24.2      If a dispute is not settled, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration. 

25.1      When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

25.2      Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.

25.3      If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

25.4      The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

25.5      Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

25.6      No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

25.7      Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery.

It shall be deemed to have been delivered:

              25.7.1   if delivered by hand: on the day of delivery;

              25.7.2   if sent by post to the correct address: within 72 hours of posting.

25.8      This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise.

25.9      We shall not be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond our reasonable control.

25.10      In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

25.11      The validity, construction and performance of this agreement shall be governed by the laws of Scotland and you agree that any dispute arising from it shall be litigated only in that country.