Terms and Conditions
Baumhaus Limited (“Baumhaus”, “we”, “our” or “us”)
Because we offer a drop-shipping service for many of our Business Partners, we need to distinguish between a Business Partner and a Customer. Business Partner refers to the company who directly pays our invoices. A Customer is the person or organization we are delivering the goods to on behalf of the Business Partner. In these terms and conditions, Business Partners and Customers will be referred to as:
Business Partner (“you”, or “your”)
Customer (“they”, or “them”)
Welcome to the Baumhaus website terms and conditions for use. Please read them carefully before using the website. They do not affect your statutory rights. Your continued use of this website constitutes your agreement to be bound by these terms and conditions, which shall also govern all transactions on the website to the exclusion of any other terms and conditions. Where applicable, it is also the Business Partner’s responsibility to ensure that their customers are aware of these terms and conditions.
Baumhaus reserves the right to change these terms and conditions from time to time without notice to you and any changes will take effect on the day they are posted. Any such changes will be posted on this section of the website and your continued use of the website constitutes your agreement to be bound by the prevailing terms and conditions. You will be requested to read and accept these terms and conditions every time you place an order. For this reason we encourage you to review them whenever you use this website to ensure that you are familiar with the latest terms and conditions. We also recommend that all our Business Partners print and retain a copy of the terms and conditions for future reference.
Before you place an order, if you have any questions relating to these terms and conditions, please contact our online team by email to firstname.lastname@example.org or call us on 01869 233033 between 9am and 5pm Monday to Friday.
1. Opening a Trade Account
Please note that we only supply Trade Customers who operate within the furniture retail or wholesale sector. Before you can make your first purchase you will have to submit a Trade Application. This can be done via our website using the ‘Trade Application’ button on the homepage. IMPORTANT - please note that prospective Business Partners MUST declare the trading name of ALL companies through which they may potentially sell Baumhaus products, irrespective of whether those companies are registered or not. We may ask for further information once we have reviewed your Trade Application. Once your application is approved, your new ‘Business Partner Trade Account Number’ will be assigned. You are now ready to start trading with us.
2. Purchase of Products
2.1 Placing the order
- Firstly, please check that the item is in stock. Our available stock for each item can be viewed on the website once you have logged in. The website also provides a forward view of any stocks we are expecting to receive in the proceeding 4 weeks – ‘stock in transit’. If the website shows zero stock, please contact one of our team to determine when we expect stock to be in our business.
Please note that:
- when you place an order via our website, if we have stock of that item, it will automatically be allocated to you.
- You place an order on the website by selecting the item(s) and pressing the ‘shopping cart’ button and following the subsequent instructions.
- You will have an opportunity to check and correct any input error in your order up until you click the Submit Order button.
- After you have placed your order you will receive an order acknowledgement e-mail from us with a ‘Sales Order’ attached. Please note that this e-mail is an acknowledgement and not acceptance of your order.
- Once payment terms have been agreed and / or payment has cleared, and we have determined the availability of stock we will arrange for the delivery of the goods to you or your customer as specified. The creation of a legally binding contract between us will only occur when we send you a second e-mail which will have a ‘Sales Invoice’ attached.
- We reserve the right to decline all or part of any order for whatsoever reason and should this occur we will e-mail you with these details.
- It is recommended that you retain all e-mails relating to your order and contract.
- The details of your specific contract are filed by us on a secure server. Should you want any information regarding your order you may contact us. For details see the 'contact us’ page of the Website or Section 9 of these terms and conditions.
2.2 Baumhaus Safe - retailer underwriting scheme
- 'Baumhaus Safe' is an insurance policy, where Baumhaus Ltd will guarantee the sales transaction in full between retailer and end customer, to ensure that the end customer receives the order they placed in full, should any unforseen circumstance arise with the retailer.
- 'Baumhaus Safe' is offered to strictly 'Tier 1' customers only.
- As 'Baumhaus Safe' is an insurance policy, it is illegal to imply you are a 'Baumhaus Safe' certified retailer or display any of the 'Baumhaus Safe' certificates or artwork if you are not registered as a 'Baumhaus Safe' retailer.
- Baumhaus Ltd lists all certified retailers on their website. If a retailer is not listed on the Baumhaus website, they are not a 'Baumhaus Safe' certified retailer.
- If anyone falsely uses the 'Baumhaus Safe' logo, artwork or certification, this will result in immediate account closure, and possible prosecution.
- The 'Baumhaus Safe' concept started on 1st February 2018, and as such will only cover transactions placed after this date, and to verified 'Baumhaus Safe' certified retailers. Baumhaus safe ONLY covers transactions made 'during' when a retailer is a memeber of the Baumhaus safe scheme, transactions made before or after are not covered.
- You must have confirmation in written form, from a Baumhaus representative, to confirm that you have been accepted on to the Baumhaus Safe scheme before you can offer the 'Baumhaus Safe' scheme to your customers.
- Baumhaus Ltd can remove any retailer from the 'Baumhaus Safe' scheme at any time, without prior notice.
- All retailers taking part in the 'Baumhaus Safe' scheme are expected to offer consumers the highest levels of customer service and echo Baumhaus Ltd's trading ethos.
- 'Baumhaus safe' cover is only applicable to orders placed with certified retailers, whilst they are active 'Baumhaus Safe' participants. All active 'Baumhaus Safe' participants will be listed on the Baumhaus website.
2.3 Payment Information
- We do not take payments online for the reason that it does not allow us to check your order prior to acceptance. Once we have received your order a representative will be in contact at the point of product despatch to take payment. We operate a highly automated distribution system and, for that reason, we would ask you to always ensure you have the funds available to purchase items from our website. We reserve the right to refuse to remove an unpaid item from a delivery if payment has not been made prior to the vehicle departure.
- Items that are either not in stock, or inbound, can be reserved by placing an order in the same way as above. Payment will be taken upon dispatch in the same way as 'in-stock' items. It is the responsibility of our Business Partners to inform their end-customer of the estimated delivery date of non-stock orders.
- We will advise you if your payment details cannot be authorized for any reason. We may then invite you to pay by another method.
- We reserve the right to cancel a Business Partner Trading Account in the event of repeat failed payment processing.
- All prices and charges on this website are quoted in UK pounds and exclude VAT. Delivery charges are shown separately and may vary depending upon the destination of the item. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible and give you an option of reconfirming your order at the correct price, or cancelling the order.
- Baumhaus accepts all major cards as a method of payments. Please note: if you wish to use an AMEX card the 3% charge for processing AMEX cards will be applied and the separate invoice for this charge will be issued.
- The title of ALL goods remains the property of Baumhaus Ltd until payment has been received in full.
3. Furniture Delivery Service
- You are more than welcome to collect your item(s) from our premises or to send your designated courier to collect. If the order is in stock, it must be either collected and / or paid for within one week of a Sales Order being placed with us. If orders are not collected within one week, Baumhaus will invoice (at the current fixed bay rate - please contact us for details) for provision of storage facilities.
3.2 The Baumhaus Delivery Service
- If you require that we deliver your goods using our own delivery fleet, trading under the name of Kinetic Logistics (in conjunction with selected logistics partners), simply select the ‘Baumhaus to deliver’ option when ordering on the website. If you or your customer are located within our normal delivery areas, and the item is in stock, we aim to have your items delivered within five working days, although this is not a guarantee as can be influenced by many external factors beyond our control. Please note that all deliveries are subject to the terms and conditions stated both here and on the Kinetic Logistics website (www.kineticlogistics.co.uk). It is the responsibility of the Business Partner to ensure that where drop-ship deliveries are undertaken, the end customer is aware of the service offerings.
- Orders over £700 (excl VAT) will be delivered free of charge (This offer excludes extremities & surcharge areas such as Scotland/Wales where the surcharge will still apply). If your first delivery fails for any non Baumhaus fault, the redelivery will be charged at the full standard delivery charge. Please contact your Baumhaus Support Representative if you require further details.
- Deliveries outside of mainland UK will be carried out via an external carrier. All are on a 'price on application' basis, and vary depending on the quantity of furniture sent and the method in which we are able to send it. Our order system does not register international postal codes, so you are responsible for obtaining a shipping quote from us prior to placing the order. On deliveries outside of mainland UK, the sales order confirmation page on the website will NOT display the correct shipping cost, the corrected shipping cost will be added prior to the order being dispatched. If the exact delivery cost is not known to us prior to dispatch, an additional invoice will be raised for the surcharge amount at a later date. All delivery surcharges on deliveries 'within' the mainland UK will be added automatically by our system during the order placement process.
- Due to the risk of money going missing, we do not operate a cash-on-delivery system.
- All deliveries/collections are booked in by SMS and/or Email 2-3 days in advance so that you or your customer know when to expect your consignment. Orders will only be scheduled for delivery via SMS and Email if a response has been received via the mobile telephone number and/or email address we were supplied and subsequently book in with confirming that the slot offered is suitable.
- Once a delivery has been booked, it is the Business Partner’s responsibility to ensure that they (or their customer, if it is a drop-ship order) are available or have made the necessary arrangements to accept the product on the stated delivery date. In order to keep delivery costs low, we only make one attempt at delivery. If the Business Partner or customer is unable to accept the delivery on the first attempt, a second delivery charge will be levied. Please note that our insurance policy only covers us for delivery to your door and does not extend to moving furniture up steps or inside the property. As a result, although our friendly drivers will be of assistance wherever possible, we cannot be held responsible for any damage caused within a property. Any damage that is caused within a property must be identified to the driver prior to his departure. All deliveries are one-man deliveries, so please be aware that the driver may require assistance if access is difficult.
- Drop-Ship deliveries. We are set up to deliver directly to our Business Partner’s customers, however, please note that we only liaise with Business Partners regarding the status of an order and do not accept calls from your customers directly.
- In order to keep delivery costs competitive, we may deliver items on a pallet, especially to outlying areas. Please can Business Partners make sure, where applicable, that their customers are aware that pallets are normally only delivered curbside, so arrangements will need to be made to take the furniture indoors.
- Whilst we make every effort to dispatch the products on time, we do not accept any liability for any failure to deliver on the stated date or at the stated time.
- You will become the owner of the goods at the time of delivery, provided that we have received payment in full for the goods. The only exception to this is where either a Business Partner, their designated courier, or customer are collecting directly from us. In this instance, the Business Partner will become the owner of the goods once they are loaded onto the vehicle.
4. Returns, Damages, Defective Items, Refunds and Cancellations
4.1 Returns - (Only relates to orders 'placed' on or after 01.01.2018, for orders placed 'earlier' than 01.01.2018 see clause 4.6)
- We accept returns for transit damage, providing that the delivery was carried out in full on a Kinetic Logistics vehicle and that we are informed within 7 days of the delivery via the 'Baumhaus returns form'. Any manufacture or product quality issues can be returned for refund within a period of 180 days, replaced free of charge up to 365 days, or will qualify for 'on site' repair up to 5 years, or alternatively if a customer wants to return a product 12% of the cost price is deducted for every complete year from date of purchase to date of return request. All issues must be logged via the 'Baumhaus returns form' and we must accept the issue as being a valid manufacture issue. The customer can return the item due to ‘change of mind’ provided we are informed about this within 15 days from the day after the delivery was made. Any item being returned must be back to us no later than 30 days of the date the 'Returns Authorisation Number' was issued. Any item returned after 30 days will be rejected. Kinetic Logistics accept no responsibility for the return delivery cost for any item being 'returned' from 'outside' the British mainland. If an issue arises, Kinetic Logistics will attempt to resolve the issue with a fair and reasonable financial offer.
- Because we are confident in the quality of our pieces and the representation of our products in the advertisements, the carriage costs relating to the return will be at the Business Partner’s expense unless extenuating circumstances are agreed by Baumhaus. We only ever chargeback our 'cost' for returns. Alternatively, our Business Partners can use their own designated carrier to return the item.
- All returned items must resalable and in 'as new' condition. Therefore they must be in the original wrappings, unused and unassembled (if applicable). Please ensure that the person unwrapping the item is very careful to keep the packaging intact. This is also essential in preventing the item being damaged on its return. If the item is a drop-ship item, it is the responsibility of the Business Partner to convey these instructions to the end customer. Responsibility for items damaged during return because of inadequate wrapping lies with the Business Partner. We regret that under no circumstances can we accept returns that do not have their original packaging.
- In the event of order cancellation - If you or your customer has not received the goods at the time of cancellation of the contract, and we have not processed the goods for delivery, we will credit your account for the goods in question including the delivery and in any event within 30 days of the cancellation being accepted by us.
- If you are using the Baumhaus delivery service, all items are signed for as proof of delivery. Please ensure that prior to signing, you (or your customer) check that the packaging is intact. We are unable to accept claims for damages where the item has been signed for as ‘packaging intact’.
- Damages will be replaced free of charge, providing that you inform us via email within 7 days of the item being delivered.
- All damage claims must be supported by evidence in the form of digital photographs which you should email to us.
- We are unable to accept the return of any damaged items if the item was not delivered by Baumhaus Ltd.
4.3 Defective Items
- In the highly unlikely event that an item is defective, you must inform us via the Baumhaus returns form within 5 years of the original purchase date.
- Claims for defective items must be supported by evidence in the form of digital photographs which you should email to us
- Baumhaus will inspect the item to verify that the item is defective and if it is, the Business Partner's account will be credited for the full value of that item, including carriage. If the item is deemed not to be defective, a full explanation will be provided by Baumhaus. Baumhaus has the final say on whether an item is defective or not. The value of the credit issued to the Business Partner is at our discretion and each case will be considered on its own merit.
- Taking into account the varying individual conditions to which the furniture could be subject once delivered, under no circumstances will we replace or refund items once 180 days has elapsed since delivery.
- Where an item has been returned using our 7 day return policy, a refund will be issued via a credit note to our Business Partner’s account. Delivery charges incurred do not get credited.
- Baumhaus reserve the right to decide whether a damaged or defective item is replaced or refunded. Where the refund option is selected, it will be issued via a Credit Note to your Business Partner account.
- All orders must be cancelled via your own website account. Please find the relevant order then select the “Cancel” option. Orders can only be cancelled prior to dispatch. Once the item has left the building, the full delivery cost will be incurred, as well as a return cost, only if a second collection trip is required.
4.6 Returns - Order placed 'prior' to 01.01.2018
- All conditions are as above, but with the following limitations: All products carry a 6 month warranty against any manufacture related issue. A product can be returned for 'customer remorse' up to 14 days from the date of delivery. Any transit damage must be reported up to 7 days from the date of delivery.
5. Furniture, Designs and Characteristics
By placing an order with us, you are acknowledging the following:
- That on occasion, we may alter the designs or sizes of pieces slightly. We cannot accept these as faults but you can return the item with all original carriage charges and collections costs being at the buyer’s expense. If the item is for a specific purpose please be sure to email ahead before ordering to check that there are no specific changes that could affect its material usage.
- The majority of our furniture is hand crafted, and as a consequence, all sizes are offered as a guide only. We reserve the right to change specifications without prior notice.
- By placing an order in the Baumhaus system you are acknowledging that it is immediately deliverable. Please do not place an order if you don't want immediate delivery, as our routing system is automated and cannot distinguish between deliverable and non deliverable orders.
- Due to differing screen resolutions and natural variations from batch to batch, it is virtually impossible to accurately portray the true colour of natural wood products or upholstery fabric in a web picture. With regards to our wood furniture, we endeavour to give the best portrayal of colour but we cannot accept colour or shade differences as evidence of defects. As a general rule, dark items look lighter in reality and light items look darker. A close match is more likely if two or more items are purchased at the same time because they will come from the same batch. In terms of upholstery fabric, we highly recommend that you contact us to obtain a sample prior to purchasing if an exact colour match is required. If you wish to return an item because of a shade difference or any other reason, we are willing to offer a refund as long as we are informed within 7 days. However, original carriage charges and collection costs will be at the Business Partner’s expense, and the returned item must be resalable as 'brand new' as per our terms stated in 4.1. of this document.
6. General Terms and Conditions
6.1 Contract Capability
- In order to be eligible to enter into a contract with us to purchase goods for yourself or on behalf of your customers, you must:
- Provide us with all the information we need to be able to proceed with your order including, but not limited to; payment method, delivery address, delivery telephone number, and contact Email address.
- Inform us of any circumstances that may interfere with our ability to fulfil your order, for example, delivery access issues.
- Be over the age of 18.
6.2 Cancellation by Us
- We reserve the right not to accept any order request if:
- Any of the terms in section 10 are contravened.
- We have insufficient stock to deliver the goods you have ordered
- We are unable to deliver to the delivery address on the order because it is not within our network coverage
- One or more of the goods ordered was incorrectly described or priced on the website
- The payment transaction is not authorized
- If we do cancel your contract we will notify you by e-mail and will refund to you any sum paid by you to us in respect of the contract as soon as possible, and in any event within 30 days of the cancellation of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
6.3 Unforeseen Circumstances
- While every effort is made by us to meet your needs, cancellations or variations may be necessary as a result of an Act of God, war, strike, lockout, labour dispute, fire, flood, drought, or other causes beyond our reasonable control.
6.4 Complaints and Remarks
- If you have a complaint or a particular remark to make please do not hesitate to contact us immediately by telephone or e-mail.
- Any complaint will be dealt with fairly, effectively and confidentially. You will receive a formal written response from us within 10 days. Your statutory rights as a consumer are unaffected.
- If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms and conditions will not be affected.
- These terms and conditions shall be governed by and construed in accordance with English law and you hereby agree to be subject to the jurisdiction of the Courts of England and Wales. All contracts are concluded in English.
6.7 Entire Agreement
- Nothing said by any member of Baumhaus staff on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods offered for sale by us.
- Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
7. Intellectual Property Rights
- The content of this Website is copyrighted to Baumhaus Limited (or its third party licensors). You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us (or our licensors). You may not copy, reproduce, change, modify, license, transmit or sell any material or content contained herein (or supplied by Baumhaus using other media) and you are permitted to use this material only as expressly authorised by us. Baumhaus reserves the right to withdraw any material supplied (including but not limited to: images, descriptions, technical drawings and price lists), at any time and without prior notice. Material may be withdrawn in bulk (from all Business Partners) or in insolation (from individual Business Partners). Business Partners are responsible for removing and deleting withdrawn material from any area that could be classed as 'public domain'. This includes (but is not limited to): websites, shopping sites, point of sale displays, email footers, and advertisements. The furniture designs on the website are copyrighted to Baumhaus and registered with the Intellectual Property Office, and any infringement will result in legal action.
- Baumhaus Ltd is providing this Website on an “as is” basis and makes no representations or warranties of any kind, whether express or implied, in relation to this Website, or its contents and disclaims all such representations and warranties. In addition, Baumhaus makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information on this Website. The information contained in this Website may contain technical inaccuracies or typographical errors. All liability of Baumhaus howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
- Neither Baumhaus nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this Website and the purchase of products from this website (your statutory rights are not affected). This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
- Baumhaus accepts no liability for any information or content contained in external third party websites which link to or from this Website.
- Notwithstanding the aforementioned, none of these exclusions and limitations are intended to limit any rights you may have as a consumer under local or other statutory rights which may not be excluded nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees and/or agents.
9. Contact Us
The registered office of Baumhaus Limited is:
Heyford Park Upper Heyford
Nr Bicester Oxfordshire OX25 5HA
General contact: email@example.com
For assistance with sales queries: firstname.lastname@example.org
For assistance with after-sales queries: email@example.com
Company registration number: 06158108
VAT registration number: GB 923 1652 42