Terms and Conditions
We are Bamboo Surfaces, a trading name of Malmesbury Woodworking Company Limited (Company No. 00971778) whose registered office is at Elliot road, Love Lane, Cirencester, Gloucestershire, GL7 1YG. Our VAT registration number is 729 0551 33.
By using or accessing either of our websites www.mosobamboosurfaces.co.uk or mosobamboosurfaces-shop.co.uk and/or placing any order(s) with us (whether over the telephone or through either of our websites, you agree to be legally bound by these terms and conditions. If you do not wish to be bound by these terms and conditions then you may not use or access our website or place orders with us.
These terms and conditions will apply to any contract between us doe the sales of goods to you.
To the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
You should not proceed with your purchase until you have read and agreed to these terms and conditions.
We may amend these terms and conditions from time to time. Every time you wish to order goods from us, please check these terms and conditions to ensure you understand the terms which will apply at that time.
All prices include VAT and delivery to a UK mainland address, where appropriate, at the prevailing rate and are subject to any promotional offer or discount.
The prices displayed on the website are for on-line purchases and promotions only and are not transferable to sales through other means unless agreed with the sales team from the outset via emailed confirmation.
The prices displayed on the website in relation to any on-line promotion are valid strictly until midnight on the day on which the promotion expires, as determined by us.
We take all reasonable care to ensure that the prices of products on our website are correct at the time when the relevant information was entered onto the system.
It is always possible that, despite our reasonable efforts, some of the products on our site may be incorrectly priced. If we discover an error in the price of the products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contacts details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.
Payment and conclusion of contract
You must pay by credit, charge or debit card at the time of order. The price of any product is the price in force at the date and time of your order. You undertake that all details you provide to us for the purpose of purchasing products which may be offered by us on our website will be correct; that the credit charge or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any products. We reserve the right to obtain validation of your credit charge or debit card details before accepting your order.
Payment will be taken in full at the time of the order.
Please note that the contract between you and us shall not have been concluded until we have completed all of the following steps: we have received your valid credit card charge or debit card payment details, we have accepted your order and sent you confirmation of receipt of your order by return email to the address you have given us during the registration procedure and on ordering.
We are entitled to refuse any order placed by you.
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images.
All products shown on our site are subject to availability. We will inform you by email as soon as possible if the product you have ordered is not available and we will not process your order if made.
We and our suppliers have a policy of continuous product development and reserve the right to amend specifications of any goods or products without prior notice in relation to future sales. This includes adjustments to sizes or aesthetic detailing on individual items purchased. Please email or call ahead to check exact sizes or potential aesthetic changes as on occasions minor adjustments may have been made by our supplier.
Products supplied may differ as a consequence from those on display or advertised. Unless agreed with you, the products supplied will be of equivalent value, quality, functionality and appearance.
All our products are made from Moso bamboo and as bamboo is a natural product there will be variations in colour and press and inconsistences in the appearance; this is part of the charm of bamboo. Such variations and inconsistencies are not defects or faults.
Please be aware that unless your bamboo product is protected by a UV filter the colour of your product will change if exposed to sunlight. You should carefully read and ensure you understand and abide by all product care information supplied with the products you order.
Measurements and information supplied by you
We will not accept any liability for any extra costs incurred by you as a result of incorrect, inaccurate or incomplete measurements or information supplied by you.
All dimensions specified by us are approximate.
You may only purchase products from our website if you are at least 18 years old.
We are only able to deliver online orders to you if you have a permanent address in the UK mainland. Delivery is included to all UK mainland addresses. If you live outside of the UK mainland but within the UK you will need to contact the sales team for a delivery price or arrange your own collection from our warehouse in Swindon.
We will use reasonable endeavour to fulfil your order by the date set out in the e-mail by which we confirmed your order, but delivery dates are estimates only and time shall not be of the essence.
For all orders; any changes made to the content of your order will have an impact on your delivery date. We may therefore be unable to deliver your goods on your confirmed delivery date should changes occur and if so, a new delivery date will be given.
You are responsible for providing a safe means of access from the public highway to the place of delivery. If the carrier’s delivery employees consider that access is unsafe then we will not deliver the goods until safe access is provided.
For deliveries using our delivery service: If you are unable, for whatever reason, to take delivery of your goods on the confirmed deliver date arranged, you must inform us by emailing firstname.lastname@example.org or telephone us on 01793 208030 option 2 at least 48 hours before the confirmed delivery time so that another date can be booked. If through no fault of their own, our carriers cannot gain access on the date agreed, a re-delivery charge fee of £70 will be charged.
If our carriers accidentally damage goods in the course of delivery our liability for that damage is limited to the repair, replacement or refund of the goods or the value thereof. Please ensure that you inspect all goods carefully on delivery and inform us promptly of any problems.
Time of delivery is not of the essence in these terms and conditions. We will not be liable for any loss or damage suffered by you through any reasonable delay or delay due to unforeseen circumstances outside of our reasonable control or any rescheduling of delivery.
If goods are received damaged at time of delivery please mark damaged on the delivery note given by the courier and please call us immediately on 01793 208030 option2 during working hours or email email@example.com and we will rectify the problems as soon as possible. All damages must be reported within 48 hours of discovery and you will be asked to provide photographs as proof of the damage in order to exchange or refund the item.
Please do not ask our carriers to arrange returns.
In the event that you may choose to have your goods delivered to you by your own 3rd party carrier – we will not accept any responsibility of liability for any damage to your goods once loaded on their vehicle.
Typically we will dispatch your goods by using one of the following couriers: TNT, Night Freight or Hathways (or such other courier as we may use from time to time). The choice of carrier we use remains with us and will be chosen based on the size of your delivery and your delivery address.
Refund / Cancellation Policy
If you are a consumer, you have the legal right to cancel your order within 7 working days starting on the day after you receive the products. You must notify us of your wish to cancel by email within this period. After notification we will issue you a return number to quote on the paperwork when returning the goods.
If you wish to return the goods, please take reasonable care of the items and retain the original packaging.
Please do not return items without prior authorisation.
Goods returned without prior authorisation will be returned back to you and the cost of delivery charged to you.
Please return the goods in the same condition as received. We request that if you or the carriers open the box to examine the product please do so without damaging the box and packaging or damaging the product in anyway. Please re-package as received in order for us to re-sell the item as brand new. Unless the goods are faulty or not as described, you will be responsible for the cost of returning the goods to us.
When returning items the onus will be on the customer to ensure they are packaged correctly so that they are not damaged in transit. Any returned damaged items will not be fully refunded.
Bamboo is a natural product and there will be variations in colour and press and inconsistencies in the appearance, this is part of the charm of bamboo. Goods are not faulty or defective if they do not match or contain variations or inconsistencies.
It is also possible during extreme changes in the climate that there will be some movement within your bamboo product this is perfectly natural and would probably be most notable when your product is first delivered to you. The product should settle down within 14 days of being placed in its new environment. If you have any concerns please notify us within 48 hours of your goods being delivered.
Please ensure you read in full the installation guide before installing your bamboo product.
Please note that your cancellation right does not apply in the case of any made to measure or custom made products.
If you have returned a product to us because it is faulty or mis-described, we will refund the price of a the product in full, any applicable delivery charges, and any reasonable costs your incur in returning the item to us – provided always that you have returned the product to us as soon as
reasonably practicable and you have taken reasonable care of the product while in your possession (including complying with any product care and installation instructions as appropriate).
As a consumer, you will always have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by the returns policy in these terms and conditions. Advice about your legal rights is available from your local Citizens’ Advice Bureau or trading Standards office.
Full refund of the cost of the goods is wholly conditional upon the above conditions being met and the refund authorised only after a full inspection of the goods by our Returns Department to check for completeness and correct product return.
If you are unable for whatever reason, to facilitate collection of your goods on the confirmed date arranged, you must inform us at least 2 working days in advance so that another date can be booked. If, through no fault of their own, our carriers cannot gain access on the date agreed, an aborted collection fee of £45 will be charged.
We will not be liable for any damage or loss resulting from repairs attempted by you or third parties.
All refunds will be paid back to the card used for payment.
Guarantees and claims against guarantee
In addition to your statutory rights we guarantee all products (save for flooring, on which see below) against faulty workmanship and/or faulty materials for a minimum period of 12 months from the delivered/collected date.
These guarantees do not cover fair wear and natural characteristics of bamboo products including movement in bamboo products; neglect; abuse or misuse of your goods in failing to follow correct care procedures including the sealing of bamboo products to include worktops; loss or damage due to fire, smoke, water, lightning, sunlight, weather, corrosion, theft or explosion or other act of God; accidental damage or negligent or other loss or damage caused by you or a third party.
Subject to the above, we will arrange to repair or replace a defective or incorrect item free of charge. Should a replacement no longer be available or circumstances determined by the seller make a replacement impractical, it may be replaced with a part that most closely matches it. Alternatively at the discretion of the seller an allowance may be made for customers to arrange a local repair.
We will not be liable for any direct or indirect loss of products or other financial loss or damage arising out of defective, damaged or wrongly delivered products over and above the value of the goods themselves.
If you are a consumer, this guarantee is in addition to your legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
Warranty on flooring
All bamboo flooring supplied by us is warranted by;
Moso international BV Moso International BV
De Marowijne 43
1689 AR Zwaag
Moso offer a manufacturer’s warranty on all of their flooring. The flooring product you have purchased will have a 10, 15 or 30 year warranty which will be detailed within the product description. For full details of the 10, 15 or 30 year warranty offered by Moso International BV please click here.
Please contact Bamboo Surfaces firstname.lastname@example.org or telephone 01793 208030 option 2 who in turn will contact Moso International BV should you wish to enquire further about the warranty or make a claim against the warranty.
Our Liability if you are a consumer
This section applies if you are a consumer and are not ordering in the course of trade.
As a consumer, you will always have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by returns policy in these terms and conditions Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
We only supply products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
(a) Death or personal injury caused by our negligence;
(b) Fraud or fraudulent misrepresentation;
(c) Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) Any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description satisfactory quality, fitness for purposes and samples); and
(e) Defective products under the Consumer Protection Act 1987.
We will not be liable or responsible for any failure to perform, or delay in performance of , any of our obligations under these terms and conditions that is caused by an act or event beyond our reasonable control, including without limitation strikes, lock-outs 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 or other natural disaster, or 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.
We may transfer our rights and obligations under our contract with you to another organisation, but this will not affect your rights or our obligations under these terms and conditions.
Our liability if you are a business
This section will apply if you are ordering from us in the course of trade.
Nothing in these Terms limits or excludes our liability for;
(a) Death or personal injury caused by our negligence;
(b) Fraud or fraudulent misrepresentation;
(c) Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) Defective products under the Consumer Protection Act 1987.
Subject to the above, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these terms and conditions for;
(a) Any loss of profits, sales, business, or revenue;
(b) Loss or corruption of data, information or software;
(c) Loss of business opportunity;
(d) Loss of anticipated savings;
(e) Loss of goodwill; or
(f) Any indirect or consequential loss.
Subject to the above, our total liability to you in respect of all other losses arising under or in connection with these terms and conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the products you have ordered from us.
Except as expressly stated in these terms and conditions, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these terms and conditions by statue, 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.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by an any act or event beyond our reasonable control, including without limitation strikes, lock-outs 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 or other natural disaster, or 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.
We may transfer our rights and obligations under our contract with you to another organisation to our discretion.
Every effort is made to ensure the complete accuracy of our website, however some prices/details container on the website may change from time to time and it is possible errors will occur. We will use our best endeavours to rectify any errors as swiftly as possible, but we cannot be responsible for any losses incurred.
This site is owned by Bamboo Surfaces (‘we’ or ‘us’ ‘our’) which is a trading name of Malmesbury Woodworking Company Limited registered in England No: 00971778.
Any material downloaded or otherwise obtained through the use of this website is done at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of any such material.
We process your personal data in accordance with the Data Protection Act 1998.
We do not store credit card details nor do we share customer details with any 3rd parties other than group companies.
We control and operate the web site from our offices within England. Accordingly the laws of England and Wales govern these terms and conditions and any claims relating to, including the use of, this website and the materials contained therein. If you choose to access our web site from outside England and Wales you do so on your own initiative and you hereby agree that in the event of a dispute between ourselves and you the laws of England and Wales will apply at all times.
Bamboo Surfaces is a trading name of Malmesbury Woodworking Company
Units 44-46 Elliot road
Love Lane industrial estate
Terms and Conditions