Terms & Conditions

These terms may have changed since you last reviewed them

Where to find information about us and our products:

You can find everything you need to know about us, Made In The Cellar, and our products on our website, or from our sales staff before you order. We also confirm the key information to you in writing after you order by email.

Who we are. We are Made In the Cellar Ltd a company registered in England and Wales. Our company registration number is 10442467 and our registered office is at Osborn Works, Unit 4a, Rutland Way, Sheffield, South Yorkshire S3 8DG. Our registered VAT number is 276231992.

How to contact us. You can contact us by telephoning our customer service team at 0114 3271170 or by writing to us at [email protected] and at our main trading address at 60 Cyclops Street, Sheffield, S4 8EH.

How we may contact you. 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.

When you buy from us you are agreeing that:

• We only accept orders when we’ve checked them.
• Sometimes we reject orders.
• We charge you when you place your order/we accept your order.
• We charge interest on late payments.
• We pass on increases in VAT.
• We’re not responsible for delays outside our control.
• Products can vary slightly from their pictures.
• You’re responsible for making sure your measurements are accurate.
• We charge you if you don’t give us information we need or do preparatory work as agreed with us.
• If you bought online or over the telephone, you have a legal right to change your mind for any products which are not bespoke i.e made to your specifications such as measurements or personalised in anyway i.e. a specific finish or paint colour
• You can end an on-going contract (find out how).
• You have rights if there is something wrong with your product.
• We can change products and these terms.
• We can suspend supply (and you have rights if we do).
• We can withdraw products.
• We can end our contract with you.
• We don’t compensate you for all losses caused by us or our products.
• We use your personal data as set out in our Privacy Notice.
• You have several options for resolving disputes with us.
• Other important terms apply to our contract.

We only accept orders when we’ve checked them

We contact you to confirm we’ve received your order and it will be accepted unless you have requested any changes and/or variations to the specification and/or description stated on our website or marketing literature and if you have requested any changes we will send out further communication about your order to confirm whether we can accept it or not.

Sometimes we reject orders

Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because a credit reference we have obtained is unsatisfactory, because we can’t verify your age (where the product is age-restricted), because you are located outside our delivery areas, as stated on our website and in our marketing or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

Any quotes for bespoke orders given over the phone/email but not ordered, are valid for up to 28 days. Thereafter, if payment has not been made the price quotes is subject to change.

If we have mispriced any goods which you are ordering for delivery or collection at a later date, 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 proceed with your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and, if applicable, require the return of any goods provided to you.

We charge you when we accept your order

However, for some products we take payment at regular intervals, as explained to you during the order process. You will own your product once we have received payment in full and we will not deliver the product until we are paid in full.

If you pay a deposit only and not payment in full, and manufacturing and/or ordering of any bespoke elements has begun then we are entitled to use that deposit to cover any of our costs including administrative and management time in connection with the order should you seek to terminate the contract and we would also refer you to this section headed in these terms and conditions “We would point out that nearly every product we sell are made to your specifications and accordingly you cannot change your mind” this means you are liable for the full amount of the order.

We charge interest on late payments

If we’re unable to collect any payment you owe us we may charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

We pass on increases in VAT

If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We’re not responsible for delays outside our control

If our supply of your product is delayed by an event outside our control, such a as delayed by our suppliers for wood or shipments generally for materials such as oak or metal legs which are bespoke , we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team: [email protected] to end the contract and receive a refund for any products you have paid for in advance, but not received, less reasonable costs we have already incurred.

You will be notified of your estimated delivery time but generally the following are typical lead times at non peak times:-

– Table & Bench orders: 3-5 weeks manufacture plus 1-2 weeks for shipping

– Table & Bench orders that include chairs 6 weeks manufacture plus 1-2 weeks shipping

– All other furniture 6 weeks manufacture plus 1-2 weeks shipping

– Shelving 1-2 weeks manufacture plus 3-5 working days for shipping – items 140cm in length and below shipped with 3rd party courier, shelves longer than 140cm are delivered in our vehicles and may be subject to a slightly longer delivery lead time.

– Customer bespoke designs 6-8 weeks plus 1-2 weeks shipping.

This can increase at busy periods such as Christmas. You will be informed of your estimated delivery time at the point of ordering but we advise that you contact us directly at [email protected] or 0114 3271170 to confirm current lead times before placing your order.

Products can vary slightly from their pictures

A product’s true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different. Because most of our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website and in our showroom may vary slightly. Paint work is colour matched to the specified colour range using a trade quality acrylic eggshell paint, depending on the sheen level of the product this can affect the colour up to 10%.

For all products made from natural materials, such as leather, wood or marble/quartz, it is not possible to guarantee the goods supplied will have the same colour, shade, pattern and/or finish as shown on the website or in our showroom, due to the inherent nature of such materials and that they are natural materials which do vary from piece to piece. Also, we cannot guarantee to match products exactly which have been ordered at different times.

For glass products, any imperfection is to be considered as a distinguishing feature of craftsman work, which makes each piece unique. Glass undergoes a thermal treatment that may cause some very slight imperfections.

For some plastic products bubbles and moulding marks are part of the production process and are not to be deemed defective in any way.

For concrete products expect a different patina/character than the sample you may have seen, this is due to the product being made bespoke. Small imperfections are the norm in concrete and this is due to its manufacturing process, these imperfections are part of its character and do not affect the quality of the finished product.

You’re responsible for making sure your measurements are accurate

You are responsible for ensuring the items you purchase are able to fit in to the space you intend them for and can be delivered through any openings and other spaces to their proposed end place, and/or if we make a custom-built item to measurements you are providing, you are responsible for ensuring that these measurements are correct. If you are unsure, we recommend you contact us for guidance before you order but you will still remain responsible for all measurements taken and/or provided. For the avoidance of doubt all items are bespoke and we cannot swap items for larger or smaller items should you incorrectly measure the space and the size required.

Measurements for our products may vary from either our sizes given or those requested by yourself. These are handmade products and are not made to exact measurements. Tolerances may be in the range of:-

– Oak thickness 30-35mm thick

– Pine thickness 43-48mm thick

– All other Measurements +/- 15mm

– Metal work measurements +/- 15mm

We charge you if you don’t give us information we need or do preparatory work as agreed with us

We charge you additional sums if you don’t give us information we’ve asked for about how we can access your property for delivery, installation or to provide services or if you don’t do preparatory work for installation, as agreed with us. For example, we might need to re-deliver on another vehicle or with extra manpower, reschedule installation or specify a certain way of delivering.

If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and section “We can end our contract with you” will apply.

DELIVERY

Delivery costs. The costs of delivery will be as displayed to you on our website, which may be subject to change. Further details of our delivery terms which apply to these terms and conditions can be found here https://madeinthecellar.co.uk/delivery-information/

When we will provide the products. After you complete the checkout process and pay for your order, we will endeavour to let you know an estimate of when we are likely to provide the products to you once the manufacturing process has completed, but can be subject to change. If you contact us to ask about an estimated delivery date before ordering, these are estimates and subject to change.

Collection by you. If you have asked to collect the products from our premises, you can collect them during our working hours on weekdays (excluding public holidays) being Monday-Friday 8am-5pm from 60 Cyclops Street, Sheffield, S4 8EH. We will notify you when your products are ready for collection.

If you are not at home when the product is delivered. If no one is available at your address to take delivery, our delivery partner will return the goods to the workshop (in some cases small items such as a book shelf may be tried to be left with a neighbour if you have confirmed this is acceptable) you must then contact us to rearrange delivery or collect the products from us and you may be charged a further delivery fee or wasted delivery fee.

If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from us, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery or collection we may end the contract and you will not be entitled to a refund.

If you do not allow us access to provide services if ordered such as installation services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and you will not be entitled to a refund.

If you bought online or over the telephone, you have a legal right to change your mind for any products which are not bespoke i.e made to your specifications such as measurements or personalised in anyway i.e. a specific finish or paint colour.

Your legal right to change your mind. For most of our products bought online or over the telephone you DO NOT have a legal right to change your mind about your purchase, nor receive a refund of what you paid for it. This is because nearly all our products are bespoke and made for you personally.

When you can’t change your mind.

You can’t change your mind about an order for:

• digital products, after you have started to download or stream these;
• services, once these have been completed;
• products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
• sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them;
• goods that are made to your specifications or are clearly personalised; and
• goods which become mixed inseparably with other items after their delivery.

We would point out that nearly every product we sell are made to your specifications and accordingly you cannot change your mind.

The deadline for changing your mind. If you change your mind about a product (which is not bespoke) you must let us know no later than 14 days after:

• the day we deliver your product, if it is goods, for example a homeware accessory which has not been made for you. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.

How to let us know. To let us know you want to change your mind, contact our Customer Service Team: [email protected] and 0114 3271170

You have to return the product at your own cost.

If your product is goods, for example, a non bespoke table (you have not specified measurements, or finish or colour) you have to return it (and any free gifts provided with it) to us within 14 days of your telling us you have changed your mind. Returns are at your own cost but need to be collected by our own team (save for homeware and small shelves which you can return in person to 60 Cyclops Street, Sheffield, S4 8EH). You can:

• contact our Customer Service Team: [email protected] to arrange collection of your items, the cost of collection would be quoted and deducted from any refund to be provided in accordance with these terms and conditions.

We only refund standard delivery costs.

We don’t refund any extra you have paid for express delivery or delivery at a particular time.

We reduce your refund if you have used or damaged a product.

If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product’s condition is not “as new”, price tags have been removed, the product has become marked, packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team [email protected] or call is 0114 3271170 can advise you on whether we’re likely to reduce your refund and you may be asked to send in photographic evidence or videos before any decision is made.

When and how we refund you.

If your product is goods that you’re sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you’ve sent them to us). We refund you by the method you used for payment. We don’t charge a fee for the refund.

You have rights if there is something wrong with your product

If you think there is something wrong with your product, you must contact our Customer Service Team: [email protected] or 0114 3271170. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that you have several options for resolving disputes with us.

Summary of your key legal rights If your product is goods, for example a table, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: ·         Up to 30 days: if your goods are faulty, then you can get a refund. ·         Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. ·         Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. If your product is services, for example fixing table legs on the table at the point of delivery, the Consumer Rights Act 2015 says: ·         You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it. ·         If a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable. ·         If a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

Additional warranty

We further warrant that the wood/paint/mechanisms/handles of any furniture are guaranteed to be free from defects for 12 months providing that you follow our oral or written instructions as to storage, installation, use, care or maintenance of the product and any information for care advice as is provided on our website www.madeinthecellar.co.uk or it otherwise results from fair wear and tear or external factors such as children or animals. Please also note that products can vary slightly from their pictures and we draw your attention to that paragraph above. This additional warranty will not include apparent defects in natural materials such as knots in wood which are part of the furniture or inaccuracies in measurements provided in the tolerances set out above.

We can change products and these terms

Changes we can always make.

We can always change a product:

• to reflect changes in relevant laws and regulatory requirements; and
• to make minor technical adjustments and improvements, for example to any safety issues.

Changes we can only make if we give you notice and an option to terminate.

We can also make the following types of change to the product or these terms, but if we do so we’ll notify you and you can then contact our Customer Service Team: [email protected] 0114 3271170 to end the contract before the change takes effect and receive a refund for any products you’ve paid for in advance, but not received:

1. the paint colour requested is not available; and/or
2. Style of chairs may be altered for example the amount of spindles, bracing or measurements may change.

We can withdraw products

We can stop providing products. We let you know as soon as possible in advance of our stopping the supply of the products and we refund any sums you’ve paid in advance for products which won’t be provided.

We can end our contract with you

We can end our contract with you for a product and claim any compensation due to us if:

• you don’t make any payment to us when it’s due and you still don’t make payment within 7 days of our reminding you that payment is due;
• you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product, for example, specifications, the full address for delivery, any special access requirements etc;
• you don’t, within a reasonable time, either allow us to deliver the product to you, suitable access to enable delivery to you or you do not collect it from us.
• you do not, within a reasonable time, allow us access to your premises to supply any goods or install (if applicable); or
• you are abusive to staff members.

We don’t compensate you for all losses caused by us or our products

We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:

• Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
• Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We’re not responsible for delays outside our control.
• Something you could have avoided by taking reasonable action. For example, including following our reasonable instructions for use or because of your actions such as those listed in the section above or relating to delivery. We can end our contract with you above including but not limited to not providing the relevant access to enable delivery or a person to assist with any one man delivery.
• A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession.

When we are liable for damage to your property.

If we are providing services in your property such as delivering the product, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services nor if the damage is caused as a result of your breach of this contract such as not preparing suitable access route, the furniture not fitting the space or through access spaces or for any reason that is not as a result of our negligence.

We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice: [https://madeinthecellar.co.uk/privacy-policy/].

You have several options for resolving disputes with us

Our complaints policy.

Our Customer Service Team: [email protected] or Tel: 0114 3271170

You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

Other important terms apply to our contract

We can transfer our contract with you, so that a different organisation is responsible for supplying your product.

We’ll tell you in writing if this happens and we’ll ensure that the transfer won’t affect your rights under the contract.

You can only transfer your contract with us to someone else if we agree to this.

Nobody else has any rights under this contract.

This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply.

If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later.

We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.

Gift cards/E-vouchers –Please note that our gift cards/e-vouchers ordered through the website can only be used through the website www.madeinthecellar.co.uk

Your gift cards/e-voucher is valid for a period of 12 months from the date of purchase, after which any remaining balance will be removed and the e-voucher will become invalid and no longer available for use.

E-vouchers cannot be exchanged for cash.

We reserve the right to not accept a e-voucher which we deem to be duplicated or which otherwise is suspected to be affected by fraud.

Where goods you have purchased with an e-voucher total less than the value of the card, any balance will remain attached to the e-voucher and may be applied to future purchases providing that the card has not expired.

If you return goods or cancel an order before delivery, which you purchased using an e-voucher, monies owing will be refunded to a e-voucher. This does not affect your consumer rights.

We reserve the right to amend the e-voucher terms and conditions at any time, where we consider it reasonable and necessary.

We may sell end of line products, stock clearance items, ex-display items and items which may have some light marks or cosmetic damages.

If an item has light marks or cosmetic damage this will be marked on the website description. You are deemed to buy these products with full knowledge of such damage and refunds are not accepted.