Terms & Conditions

  1. In these terms and conditions of sale the expression “The Company” or “Company” means Birchills Sculptures & Metal Restorations. And the “Purchaser” means the company, firm or persons to whom the goods are supplied by the Company under this contract.
  2. No description of goods by the company in any leaflet, catalogue or other written matter shall constitute a contract of sale of goods by description for the purposes of the Sale of Goods Act 1893 and the Sale of Goods Act 1979.
  3. Product variations. Due to the handmade nature of goods, items may differ to the images shown on the website and/or on other printed material. The customer understands that different monitors, screens and printers can render colours differently and that these variations are not a fault of the product itself. The customer accepts the potential of this arising. No site preparations should be made or tradespersons booked until goods are delivered safely and you are thoroughly satisfied.
  4. Any reference to weights and dimensions or performances contained within the website written matter by the company are approximate only and shall not constitute an implied term of this contract..
  5. Customers are reminded to satisfy themselves that the goods they are purchasing are suitable before completing an order. No responsibility is placed upon the company for making an incorrect order.
  6. For some of our items, we do offer bespoke options. Once a customer has instructed us to prepare, design, or modify an item in any way, they are obliged to take it once it has been completed. Once work has begun for custom or modified items, we cannot accept cancellations or exchanges, especially once the item is completed and ready for delivery. If you do wish to cancel your custom or modified order, any costs associated with said modifications will need to be recovered through the customer’s deposit or initial payment before any refunds can be issued. If the item has already been delivered, checked, and signed for, the customer is also responsible for returning it back to us safely at their own cost. Refunds will be discussed and organised on a case-by-case basis.
  7. The Company shall not be responsible for any consequence of non-delivery or late delivery of goods due to any causes (such as weather, fire, strike, miss-communications, government control or shortages of (materials/labour) and no such non-delivery or late delivery shall entitle the purchaser to rescind this contract. Please note this list is not exhaustive and only includes some of the most common consequences of non-delivery or late delivery. The company accepts no liability or responsibility for loss of earnings or any charges that may be incurred due to non-delivery or late delivery. Delivery dates are always subject to change and therefore we strongly advise that no arrangements are made until you have received the goods and are fully satisfied. The company urges patience from its customers regarding all deliveries, especially during annual and bank holidays and also during the company’s annual stocktaking period, as this may cause an extended delay to our stated delivery times or the agreed delivery time provided by external companies.

    The Company cannot be held responsible for a customer’s failure to respond to a courier’s calling card. If a calling card has not been responded to as per the courier’s individual policy, and the item has been returned back to us, it is the customer’s responsibility to cover any additional shipping costs to send said item back out to them. For further information about a particular courier’s calling card policy, please view their T&Cs on their respective websites.

    Ireland, Scotland and offshore isles may also incur an additional delivery surcharge. This will be related to the size, weight and type of product that is being shipped. In these instances, we suggest you do the following: Place the order in the normal way. We will then contact you with the additional charge (if any) and apply this to your order. You will then be able to either accept or cancel your order based on these charges.

    International shipping will incur an additional charge depending on the size, weight and type of product that you wish to order. For international shipping costs, we advise contacting us with details of what you wish to order and your location so that we can provide you with a shipping quote.

    Any international delivery would be an uninsured service. Whilst our couriers are very good, we would recommend all international customers to take out insurance, for peace of mind, in case of loss or damage. Any claims for loss, damage etc, will need to be raised directly with the courier, their details will be found on your dispatch email. Please note that the shipping quote provided to you does not cover any local charges that may be needed for local duties, customs or clearance charges. You will most likely be contact by the courier or your local export agency when the goods have arrived your country.

    Due to the automatic nature of the carriage calculation system, we reserve the right to contact the customer and alter the carriage cost if the cost is higher than the carriage charged.

    International shipping and customs requests: The customer must supply any requested information required for local customs processing and delivery in a timely manner. The company will not be responsible for any international return (shipping) or redelivery costs owing to a failure to supply information in a timely manner. These costs can include customs storage and detention.

  8. The Company will not accept any claim relating to the condition or quantity of goods delivered unless formal written notice of any such claim is received by the Company within 48 hours of the delivery date with the exception of items over the value of £100 (see below for more information on orders over £100). Communication must be made by email to: sales@birchillssculptures.com.

    For large items, it is imperative that all goods are thoroughly inspected prior to accepting and signing for them from our driver or the carrier/courier. We require you to hold the driver/courier until all goods have been inspected by yourself to ensure complete satisfaction. If a signature is provided, the goods are recognised as satisfactory and the company accepts no responsibility for collecting any goods if deemed unsatisfactory once the driver/courier has left the premises. The costs associated with returning the goods must then be covered entirely by the customer before any refunds can be issued.

    For goods over the value of £100 we require email notification of any damages within 24 hours of signing for the goods to sales@birchillssculptures.com eligible for a claim, please include photos of the packaging, any damage, and your order number.

    Regardless of whether an item has been delivered damaged, is faulty or incorrect, for all returns, it is the customer’s responsibility to ensure it is safely and suitably wrapped for courier collection and must also be made available in the same location as the courier delivered it, or at the kerbside of the property. For palleted items, please ensure that you retain all packaging. Should you wish to return an item, it will need to be repackaged as best you can using the pallet supplied. In the event that packaging isn’t retained, you will be incurred the respective cost as quoted to us by the courier. This cost will be reduced from the refundable value of your item. Collections must be available within courier working hours, typically 8 am -6 pm.

    All courier deliveries are kerbside and arrangements must be made by the customer to move the consignment after delivery, including disposal of any packaging, including pallets, etc.

  9. The Company will not in any circumstances accept liability for any consequential loss of profits/earnings or third-party claims or detention or delay or expenses of any kind howsoever caused. This includes any agreements made through external delivery companies, including any miscommunications on delivery or dispatch times. We make no guarantees on delivery times, these are all estimated.
  10. Whilst any money remains outstanding by the Purchaser to the Company, title to all goods (under any contract) shall remain vested in this company. This Company may recover any goods upon demand and shall resell at our own discretion. The Purchaser shall hold such goods as trustee for this company and any resale of the goods by the purchaser shall not involve the passing of title from this company unless and until the goods have been paid for in full.
  11. All prices shall be subject to increase in the event of increases in wages or raw materials occasioned by government act or regulation and any other relevant increase occurring before completion of any order. All offers and discounts are for orders over £10. We reserve the right to remove certain products from offers without notice. All discounts are given at the companies discretion.
  12. All samples are to be paid for by the purchaser unless agreed prior to despatch, if trading commences on the same items, a credit can be issued.
  13. An interest charge of 25% will be levied against outstanding invoices or part invoices remaining unpaid.
  14. We are not responsible for any costs or damages associated with a product’s use, misuse or incorrect installation, whether the product is faulty or otherwise.
  15. Birchills Sculptures & Metal Restorations is not responsible for any loss or damages in any form associated with the purchase and/or supply of goods, including goods not being as expected.
  16. Any delivery note signed in an unclear fashion or undated by the Purchaser (recipient) has to be taken as correct, the Purchaser has a responsibility to sign for material in full, full signature/full printed name and dated.
  17. Acceptance of an order takes place when the order has been dispatched from The Company.
  18. We recommend all items are checked thoroughly upon arrival to ensure everything is accurate and present. This must be done before shipping on to a further destination. Additional packing materials may be required. We cannot take responsibility for items which may have been lost in transit.
  19. We reserve the right to adjust and amend designs and raw materials without prior warning.
  20. We are not responsible for damages caused by customer elected couriers.
  21. Due to significant investment made in photography each year, the right to use any image which belongs to “The Company” is only granted whilst your account is active and may be revoked at “The Company’s” discretion. If your account becomes inactive for a period of over 90 days or overdue the use of any imagery, which is the property and copyright of “The Company”, will be automatically revoked and such images must be removed immediately, regardless of any related inventory you may hold. Use of imagery includes the website, print or any other medium. We recommend, for peace of mind, that the images are deleted from your computer system and any printed literature removed from distribution. All content/copy and product information under any circumstances remain the property of “The Company”.
  22. We reserve the right to refuse and close accounts at our discretion.
  23. Bespoke, made to order and custom products, whereby the product has been manufactured or ordered to the customer’s specification are non-refundable and non-returnable. We reserve the right to use other works, artists, and sculptors for both parts and finished work. Prototypes are chargeable unless otherwise agreed and must be returned after inspection and approval. Due to differences in production procedure or practicality, finished products may not be identical copies of prototypes or technical drawings. We reserve the right to make adjustments where and when required.
  24. Please Refer to the refund policy.
    In the event that you are not available to take delivery, your item(s) may be left with a neighbour or on your property unless you have specifically told us you do not want your item(s) to be left in this way.
    You agree that proof of delivery will constitute one of the following:

    • A recipient signature if the item is delivered to your address
    • A recipient signature if the item is delivered to a neighbouring address
    • A photograph showing the item left on your property
    • A drop card stating the item has been left with a neighbour or on your property

    If you wish to dispute the delivery of your item(s), you must make your complaint in writing either by email to sales@birchillssculptures.com or by post to the following address:

    Unit 5, Birchills Trading Estate, Green Lane, Walsall, WS2 8LF