The agreement between us and you consists of the Order Form (or if you are ordering online this will be the completed basket) and these Terms and Conditions (collectively the agreement).

1. THESE TERMS

These are the Terms and Conditions that govern your purchase of Mast Collection LTD products. They apply to the exclusion of any other terms (including any discussed with you via email, telephone, or in person, or which you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing). These terms shall govern and be incorporated into every provision of products by us to you.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 We are Mast Collection LTD a company registered in England and Wales. Our company registration number is 13542223 and our registered office is at 11 Laura Place, Bath, BA2 4BL, United Kingdom.

2.2 You can contact us by telephoning our customer service team on +44 (0)1225 535700 or by writing to us at info@mastcollection.com.

2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these Terms and Conditions, this includes emails.

3. OUR CONTRACT WITH YOU

3.1 How we will accept your order.

Made-to-order Products

3.1.1 Made-to-order Products are those products which are produced to your specifications including any product produced with a fabric chosen by you, or otherwise produced to your specification in any way. To place an order for Made-to-order Products you can select the product from our website, select from the available customisation options, and purchase the items using our website checkout process and payment gateway. You can also email us at (info@mastcollection.com), attaching or setting out your requested product and specifications (for example your fabric choice or timber finish). In both cases, a member of our sales team will be in touch to finalise your order by confirming your specifications and, when applicable, confirming any additional charges based on your selection. A final order confirmation will then be sent to you whereby your signature and payment of any outstanding amounts will be taken as confirmation of the order. At that point a contract will come into existence on the terms of this agreement and to the exclusion of any prior correspondence or meeting between us to discuss the Made-to-order products.
If we are confirming your order by email, it may be an iterative process and only when you receive an email accepting your order will a contract come into existence.

Standard Products

3.1.2 Our standard range of products can be viewed on our website at mastcollection.com or which may have been shown to you at an event or other in person meeting. Our acceptance of your order will take place and a contract will come into existence for the purchase of a product from our standard range on our sending to you an email confirming our acceptance of your order.

3.2 If we are unable to accept or fulfil your order, we will inform you of this in writing or via telephone and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for, unavailability of stock or raw materials, because the specification, design, measurements you have provided infringes a third party intellectual property right, because the design is not achievable and you do not make or agree to our making any reasonable modifications suggested by us, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3 Almost all of our products are made to order. When you place an order we will inform you of the estimated lead times and availability of the products you have ordered.

4. OUR PRODUCTS

4.1 The images of the products on our website or in other materials are for illustrative purposes only. We will use reasonable efforts to depict accurately the products in our Collection but they are by their nature unique and are handmade so sizes, weights, colours, materials, capacities, dimensions and measurements indicated on our website or other materials may vary to the product that you receive.

4.2 Made-to-order Products.

4.2.1 We will make any Made-to-order Products to your specifications and really hope our products meet your expectations. However, we shall not be liable to you in respect of any actual or alleged defect in or dissatisfaction with any Made-to-order Product that arises directly or indirectly from your choice of any specification, design, material, fabric or any other requirement.

4.2.2 Once we have accepted your order for a Made-to-order Product you will no longer be able to make any changes to it. However, if you have made a mistake in your order, and provided we have not yet placed the order with our suppliers, we will try our best to accommodate any reasonable changes at our sole discretion. If it is possible, we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change (for example if the supplier order has already been sent) or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 8- Your rights to end the contract).

5. OUR RIGHTS TO MAKE CHANGES

Our suppliers may change any product to implement minor technical adjustments or as a result of unavailability of raw materials. They will always try to minimise the impact of these changes. These changes will not affect your use of the product. These unavoidable changes do not give to you any right to cancel any contract or reject any product.

6. PROVIDING THE PRODUCTS

6.1 We will provide you with a quote for the costs of delivery when we accept your order in accordance with clause 3.1. You are responsible, and shall pay the actual delivery costs, in addition to the price of the product. Until all delivery costs are paid we cannot dispatch the products. Alternatively, you can arrange for your own courier company to collect the products from our warehouse at your costs. Please contact our customer services team on +44 (0)1225 535700 to arrange collection.

6.2 For orders for delivery outside the UK we will provide you with a fixed shipping cost. This does not include import charges, customs clearance or duty. You are responsible for these charges and your products may be held in customs until full payment has been received. Dispatch costs are dependent upon the size, weight and destination of the parcel as well as the speed of delivery required.

6.3 We will deliver any items you have ordered (which may include being delivered on a pallet). It is your responsibility to ensure that any items you have ordered can be delivered to the delivery address specified and the property address can be accessed. We exclude all liability for non-delivery if our delivery provider cannot access the delivery address. If an item cannot be delivered it will be returned to our warehouse and a delivery return fee of up to £500 will be charged which is a fair and reasonable representation of our costs.

6.4 When we will provide the products.

Standard Products

6.4.1 As soon as the order is dispatched from our warehouse the contact person and number you have supplied will be contacted by our delivery provider via email or SMS. Our delivery provider will send you a tracking number. If you are unable to take delivery on the day it is your responsibility to liaise with the delivery provider to re-arrange delivery. We cannot be held liable for the non-delivery of products if our delivery provider attempts to deliver the products and you are not available (please see "if you do not re-arrange delivery section" for more information).

Made-to-order Products

6.4.2 We will notify you of the estimated delivery date when we place the order with our suppliers. The estimated completion date for the product will be notified to you during the order process. Given the bespoke nature of the products, you have agreed that any such date shall be an estimate and time shall not be of the essence to this agreement. If you need a Made-to-order Product by a particular date then you must notify us and we and you must agree it as a specific exception.

6.5 If after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot we will contact you for further instructions and will charge you for storage costs and any further delivery costs. If, we are unable to contact you or re-arrange delivery or collection we may terminate this agreement.

6.6 If our supply of any products is delayed by an event outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and, except for Made-to-order Products for which the order with our suppliers has been placed, receive a refund for any products you have paid for but not received. As Made-to-order products are made and sourced to your order we cannot agree to issue any refund but may be able to give to you a (partial) refund if we can resell the item within a reasonable period and to the extent we are able to recover the sale price.

6.8 You will own a product and it will become your responsibility from the time it is dispatched from our warehouse. If you collect your order from our warehouse or use your own courier company, you are responsible for the items at the point they are presented to you, or your nominated courier company, by a member of our warehouse staff and it is your responsibility to ensure you have appropriate insurance. You are liable for all damage caused to the items in the removal, loading, transit and unloading of the products by you or your courier company.

6.9 We may have to suspend the supply of a product to:

6.9.1 deal with technical problems or make minor technical changes; or

6.9.2 update the product to reflect changes in relevant laws and regulatory requirements.

6.10 We will notify you as soon as reasonably practical as to any suspension and provide you with a revised estimated delivery date for the product. We accept no liability as a result of any suspension.

7. TERMINATION

7.1 We may terminate our agreement with you, without limiting any of our other rights or remedies, with immediate effect by giving written notice to you if:

7.1.1 you commit a material breach of any term of this agreement and (if such a breach is remediable) fail to remedy that breach within 5 days of being notified in writing to do so;

7.1.2 you take any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;

7.1.3 you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or

7.1.4 your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under these terms has been placed in jeopardy.

7.2 Without limiting our other rights or remedies, we may suspend provision of the products under these terms or any other contract between us if you become subject to any of the events listed in clause 7.1.1 to clause 7.1.4, or we reasonably believe that you are about to become subject to any of them, or if you fail to pay any amount due under these terms on the due date for payment.

8. IF THERE IS A PROBLEM WITH THE PRODUCT

8.1 We take pride in all our goods being made to high standards but appreciate that occasionally we do make mistakes. We are confident that our products will stand the test of time and offer a two-year guarantee against breakdown through normal use, defective workmanship and materials. This means that if your item develops a fault during the guarantee period, we'll arrange for it to be repaired or replaced free of charge, including all parts and labour. Our guarantee will not apply to Products that are not used in the correct conditions or locations, or if the applicable care guidelines have not been followed.

8.2 Unless otherwise clearly specified, our products are specified for indoor use only and should be used in ambient conditions and not subjected to damp or overly dry atmospheres. It is important that Mast Collection LTD products are stored or used in dry environments (if kept in storage, climate controlled storage is essential) to ensure the longevity of the products. Failure to comply to care instructions may result in warping, unravelling, staining and surface damage that Mast Collection LTD cannot be held responsible for. Mast Collection LTD also accepts no responsibility for variations in pattern, colour, texture or dimensions inherent in those materials or for any subsequent deformation, splitting, crazing, discolouration or other defects caused by extremes of temperature, humidity, dampness or light.

8.3 You may have seen certain indoor products photographed or used in outdoor locations. This does not mean they are suitable for outdoor use. Please check the product description and specifications carefully before you buy them.

8.4 Please also be aware that as wood is a raw material the colour will mature over time, this is part of the natural beauty of the wood and will not be considered a defect.

8.5 Quality control procedures are in place to ensure all products sold are of consistent, high quality, however if you receive a product that you deem to be substandard please contact us. On receiving the order, please check all items to ensure that any issues or breakages are reported to us within 48 hours, after such period of time the products will be deemed accepted by you. If you have any questions or complaints about the product, please contact us. You can telephone our Customer Service team at +44 (0)7549 486917 or write to us at info@mastcollection.com.

9. PRICE AND PAYMENT

9.1 The price of the product (which includes VAT) will be the price indicated on the website or communicated to you via email or orally when you placed your order and will be in Pounds Sterling. It is a condition of this agreement that you shall pay for the products at the time of placing your order.

9.2 All prices include VAT unless products are to be sent outside the UK mainland. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

9.3 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

9.4 For any Products ordered via our website and the price advertised is obviously incorrect (for example due to a technical error or a nominal price is advertised) we reserve the right to reject your order.

9.5 We accept payment via bank transfer and will notify you of our bank details from time to time. We also accept payment via our third party payment provider Shopify. Any payments you make via Shopify will also be subject to Shopify's terms and conditions which can be viewed .

9.6 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 6% a year above the base lending rate of Barclay's Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.

9.7 When you place an order you will be sent confirmation via email. It is your responsibility to ensure all details are correct during the order process and are accountable should there be any errors in the information you have provided. If you think any information in the order confirmation is wrong please contact us promptly to let us know by email at info@mastcollection.com or via telephone +44 (0)1225 535700.

10. RETURNS AND REFUNDS

10.1 Consumer Contracts Regulations (formerly Distance Selling Regulations) DO NOT apply to Business-to-Business contracts. Business Customers or Trade Customers are defined as Sole Traders, Partnerships, Limited companies etc. purchasing goods from us by Internet, Mail Order, over the Phone or by Proforma Invoice for use at their business.

10.2 The Company will not issue refunds for Trade transactions unless the products are faulty upon delivery. In the unlikely event that the Company despatches incorrect goods or that the Purchaser believes that the goods do not match the goods expected, the Company will offer an exchange on a like for like basis.

10.3 If we refuse to accept any products back into stock it is the responsibility of the purchaser to arrange collection from our Workshops.

11. LIABILITY

11.1 Nothing in these terms shall limit or exclude either party's liability for:

11.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);

11.1.2 fraud or fraudulent misrepresentation;

11.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979; or

11.1.4 defective products under the Consumer Protection Act 1987.

11.2 Subject to clause 10.1:

11.2.1 we shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this agreement; and

11.2.2 Our total liability to you in respect of all other losses arising under or in connection with this agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the goods supplied under a single Order Form.

12. GENERAL

12.1 Assignment and other dealings.

12.1.1 We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of our rights or obligations under this agreement.

12.1.2 You may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights or obligations under this agreement without our prior written consent.

12.2 Entire agreement.

12.2.1 This agreement constitutes the entire agreement between us and you and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

12.2.2 Each of us agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.

12.3 No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

12.4 No failure or delay by a party to exercise any right or remedy provided under the agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

12.5 If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the agreement.

12.6 No one other than a party to this agreement shall have any right to enforce any of its terms.

12.7 The agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.

12.8 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.