In these terms and conditions the words Woolshed Designs means Woolshed Designs Ltd., PO BOX 8191, Havelock North, Hawkes Bay 4157. The words 'the Customer' shall mean the company, firm or person accepting or agreeing to accept the supply of products or services from Woolshed Designs. The word 'Goods' shall mean all products purchased from Woolshed Designs as detailed and specified on the invoice and or delivery note. The 'Contract' means the contract between the Customer and Woolshed Designs for the sale and purchase of the Goods.

2. PRODUCTS AND SERVICES

2.1 Subject to the warranty contained in Clause 6, all descriptions, drawings and particulars relating to the goods in any catalogues, leaflets, brochures or other documents are for illustrative purposes only and do not form part of the agreement between Woolshed Designs and the Customer. All representations as to performance of the goods relate to their performance in normal conditions and when used correctly.

2.2 Unless otherwise expressly agreed, Goods supplied will be in accordance with manufacturer's normal designs and specifications current at the date of manufacture or delivery. The supply by Woolshed Designs of Goods differing from any contractual or pre-contractual specifications or descriptions shall not be in breach of the agreement between Woolshed Designs and the Customer insofar as the Goods are of approximately equivalent performance to the Good referred to in such specification or descriptions.

2.3 Woolshed Designs warrants that the Goods will be of satisfactory quality and fit for their general purpose.

3. DELIVERY AND RISK

3.1 The time for delivery of the Goods shall not be of the essence. Dates agreed for delivery are estimates only and a failure by Woolshed Designs to comply with them shall not be a breach of these Conditions. Many products are bespoke in nature and specific lead times will be required for manufacture.

3.2 Risk of damage or loss to the Goods passes to the Customer at the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods at the time when Woolshed Designs has tendered delivery of the Goods.

3.3 Unless otherwise agreed by Woolshed Designs and the Customer in writing, delivery of the Goods will be deemed to have been:

3.3.1 Where Woolshed Designs appoints a carrier to effect delivery on its behalf, at the time the carrier delivers and obtains a signature of receipt from the customer.

3.3.2 Where the Customer has arranged to collect the Goods from Woolshed Designs' premises, at the time the Goods are picked up.

3.4 The Customer is required to inspect the Goods on receipt and to notify Woolshed Designs of any defects or complaints within 2 days of receipt. This does not affect your statutory rights as a consumer.

4. OWNERSHIP

4.1 The property in the Goods shall not pass to the Customer until the full price of the Goods has been received by Woolshed Designs in cash or cleared funds. Until such time as the price of all such Goods has been paid, as described in Clause 4.1, the Customer:

4.2.1 Shall hold the Goods owned by Woolshed Designs in the Customer's possession and control as Woolshed Designs' fiduciary agent (but, for the avoidance of doubt, shall not resell the Goods as the agent of Woolshed Designs.

4.2.2 Shall keep the Goods separate from those of Woolshed Designs and third parties and properly stored, protected and insured; and

4.2.3 Shall store the Goods so as to be identifiable as the property of Woolshed Designs and shall keep such records so that it is clear whether or not the Customer has paid Woolshed Designs for the Goods and which of Woolshed Designs' invoices was issued in respect of the Goods.

4.3 Until such time as property in the Goods passes to the Customer:

4.3.1 The Goods shall be handed over to Woolshed Designs on demand and Woolshed Designs shall be entitled to retake possession of them without prejudice to any of its other rights against the Customer.

4.3.2 The Customer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of Woolshed Designs. Without prejudice to the other rights of Woolshed Designs, if the Customer does so all sums whatever owing by the Customer to Woolshed Designs shall become immediately due and payable.

5. PRICE AND PAYMENTS

5.1 The Customer agrees to purchase the Goods from Woolshed Designs and Woolshed Designs agrees to sell the Goods to the Customer at the price described in Clause 5.2.

5.2 The price of the Goods shall be the same as the quoted price as agreed between the Customer and Woolshed Designs and which may be confirmed in writing to the Customer or, where the price has not been quoted, the price list on the Website.

5.3 Woolshed Designs reserves the right, by giving notice to the Customer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to Woolshed Designs which is due to any factor beyond its control, including but without limitation any increases in costs due to market fluctuations, any change in delivery dates, quantities or specifications for the Goods which is requested by the Customer or failure of the Customer to give Woolshed Designs adequate information or instructions.

5.4 Unless otherwise agreed in writing between Woolshed Designs and the Customer, the price of the Goods is inclusive of Value Added Tax or any similar taxes levies or duties which will be added to or charged on invoices at the appropriate rates.

6. WARRANTY AND LIMITATIONS OF LIABILITY

6.1 Except as expressly provided in this Agreement, Woolshed Designs excludes all representations, warranties, conditions and other terms implied by statute, common law, or otherwise to the fullest extent permitted by law. Woolshed Designs will endeavour to pass on to the Customer the benefit of any guarantees or indemnities given to it by its supplier.

6.2 If, notwithstanding the above, Woolshed Designs is found liable for any loss or damage suffered by the Customer, its aggregate liability shall in no event exceed the price of the Goods the subject of the claim and without prejudice to the above, shall not be liable for any indirect, special or consequential loss, losses sustained in the ordinary course of business, loss of profit, loss of business, depletion of goodwill, loss of business opportunity, revenue, contracts or loss of savings whatsoever.

6.3 Clause 6.1 and 6.2 shall not apply to sales which are made to persons who deal as consumers (as that expression is defined in Section 12 of the Unfair Contract Terms Act 1977) unless the Contract is an international supply contract (as defined in Section 26 of that Act).

6.4 Nothing in these conditions shall apply to exclude or limit any liability to the Customer in respect of:

6.4.1 Fraud, fraudulent misrepresentation; or

6.4.2 Death or personal injury of the Customer caused by Woolshed Designs negligence; or

6.4.3 The terms as to title and quiet possession implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or

6.4.4 Liability for defective products under the Consumer Protection Act 1987; or

6.4.5 The terms as to Goods corresponding with their description or sample implied by Section 13 and Section 15 respectively of the Sale of Goods Act 1979 where the Customer deals as a consumer ( as defined in Section 12 of the Unfair Contract Terms Act 1977).

7. RETURNS

7.1 You, the customer must pay for delivery costs of any returns.

7.2 A 30% restocking charge and any transportation costs incurred will be applied for cancellation of orders already processed.

7.3 The items to be returned are in their original inner and outer packaging and none of the packaging shall have been written upon, taped or had permanent labels attached.

7.4 Transportation costs are non-refundable.

7.5 The items to be returned are of a type continuing to be distributed by Woolshed Designs at the time of the claim.

7.6 In case of any claims out side the warranty period, the Customer has a likely remedy against the manufacturer thereof.

7.7 Woolshed Designs will not (without prejudice to its discretion in Clause 7.2) accept the return of any items which have been removed from their packaging unless found to be faulty

8. CLAIMS PROCEDURE IN RESPECT OF DEFECTIVE GOODS

8.1 Woolshed Designs must be notified of any claim in respect of any of the Goods alleged to be defective or of any returns or request by e-mail within the time limits set out below for each reason giving rise to a claim.

8.1.1 Where a product was ordered and invoiced but an incorrect product was sent out due to a packaging error - within 2 working days of when the package was signed for or collected. This does not affect your statutory rights as a consumer.

8.1.2 Where a product has a manufacturing fault or a part is missing or there is some other problem totally attributable to the manufacturer - within 4 working days of when the package was signed for or collected. This does not affect your statutory rights as a consumer.

8.1.3 Where a product has been damaged in delivery of that item - immediately upon signature for the products (within 24 hours of signing). If the damage is evident upon receipt, a note to that effect should be made on the carrier delivery sheet and Woolshed Designs informed immediately so as to enable Woolshed Designs to make a successful claim, or if noticed after delivery, the carrier should be notified prior to contacting Woolshed Designs. This does not affect your statutory rights as a consumer.

9. OTHER CLAIMS

9.1 Goods produced to the specified design or colour are non returnable. All multi coloured hide and skin products, natural or dyed are of variable pattern and colour and they may have a predominance of one colour. Single coloured hides and skins, natural or dyed, may have a tone / shade difference in comparison to a sample swatch, brochure or photographic image. Specific colouring cannot be guaranteed.

9.2 Claims in respect of any other matter other than as described in Clauses 6 to 8 above must be made by e-mail and received by Woolshed Designs within 14 working days of the date of the invoice relating to the Goods the subject of the claim.

10. FORCE MAJEURE

Woolshed Designs shall have the right to cancel, or to reduce the volume of Goods delivered, or to delay delivery if it is prevented from or hindered in delivery of the Goods through any circumstances beyond its control (affecting either itself or any other party) including (but not limited to) industrial action, war, fire, prohibition or enactment of any kind, lock-out or trade dispute, without incurring any liability for any loss or damage whatsoever resulting therefrom.

11. WAIVER

The failure of either party to enforce or to exercise, at any time or for any period of time, any terms of or any right arising pursuant to the agreement does not constitute and shall not be construed as a waiver of such terms or right and shall in no way affect either party's right later to enforce or exercise it. Any express waiver of any breach of the Agreement shall not be deemed to be a waiver of any subsequent breach.

12. INVALIDITY

The invalidity or enforceability of any term of, or any right arising pursuant to, the contract shall not in any way affect the remaining terms or rights which shall be construed as if such invalid or unenforceable term or right did not exist.

13. ASSIGNMENT

The Agreement is personal to the Customer and Woolshed Designs and neither party may assign, transfer, sub-contract or otherwise part with the Contract or any right or obligation under it without the other party's prior written consent.

14. DATA PROTECTION

Woolshed Designs may use and the Customer agrees that it may use and disclose personal information about the Customer to third parties for the purpose of delivering the Goods to the Customer and processing invoices and statements. In respect of any personal data of the Customer held by Woolshed Designs, Woolshed Designs agrees to comply with the provisions of the Data Protection Act 1998.

When the customer places an order on the Website, Woolshed Designs considers this information as private. The information is kept on a secure server protected from outside parties.

15. LAW AND JURISDICTION

These Conditions and the Contract shall be governed by and construed in accordance with English Law and Woolshed Designs and the Customer hereby submit to the exclusive jurisdiction of the English courts.