Standard Terms and Conditions – Goods and Services
Please note that these terms and conditions constitute the entire agreement for Goods and Services to the exclusion of any other terms or conditions.
Only to the extent that there is a direct conflict between the Standard conditions and any specifically negotiated between Savernake Knives and the Buyer.
Unless otherwise agreed in writing and signed by Savernake Knives any Goods and Services provided shall be taken as conclusive acceptance of the terms set out in this Agreement.
Who we are
- Savernake Knives is a registered trading name of Leisure Pursuits Ltd.
- We warrant that as from the date of delivery for a period of 10 years the goods and all their component parts, where applicable, are free from any defects in design or materials. Your statutory rights remain unaffected by this.
- We warrant that the commissions and orders received under this agreement shall be performed using reasonable skill and care.
- Neither party shallbe liable to the other as a result of any delay or failure to perform its obligations under the agreement and if and to the extent such delay or failure is caused by an event or circumstance which is beyond the reasonable control of that party which by its nature could not have been foreseen by such party or if it could have been foreseen was unavoidable.
- If such event or circumstances prevent us from providing any of the Goods and Services for more than two weeks, we shall have the right, without limiting its other rights or remedies, to terminate this Agreement with immediate effect by giving written notice to you
Descriptions and Specifications
- A glossary will be found at the end of these terms and conditions.
- We make three categories of knives, and your rights will vary depending on which you select. Your statutory rights remain unaffected by our standard and bespoke terms and conditions.
- Bespoke knives are one-offs made from scratch to your specification. See ‘bespoke terms and conditions’ at para. 76
- Customised knives are where we take a pre-existing model and apply furniture and engraving or other personalisation as specified by you. This includes our Core Range, and any other made-to-order knives based on an existing design.
- Stock knives are existing, complete, finished knives without any customisation or personalisation.
- Our knives are sold on the basis that you are fully aware of the dangers presented by an extremely sharp, extremely hard piece of steel. We will accept no liability for harm or injury arising from misuse or lack of care when handling our knives, or when failing to follow the guidelines included with every knife.
- Due to the uniqueness of every knife, it is not possible to guarantee that the finished item(s), will have identical colours, finishes or precise dimensions as the representative item displayed on our website, although every effort will be made to do so.
- The headings in these conditions shall not be taken into consideration in the interpretation of the agreement
- Words used in the singular shall have the same meaning in the plural and vice versa.
- References to these Conditions to paragraphs shall unless otherwise stated be treated as references to paragraphs in these conditions
- References to any statute or statutory provision shall include a reference to any modification, extension or re-enactment of it for the time being in force.
Pricing and Payment
- All orders including gift certificates – placed through our website, will require payment at the time of the order.
- Orders placed in any other way than at clause 17 are to be paid in full before work on your knife begins.
- The price shown for our Customised and Stock knives is inclusive of all displayed, curated furniture options, but does not include our flat rate for post and packaging. For further detail on P&P see para. 45
- Additional customisation or non-curated furniture options may increase the cost of your order. We will confirm this increase with you by email or in writing before beginning work.
- For bespoke payment terms, see our bespoke terms and conditions
- The quoted cost for our bespoke or customised knives assumes you will use our standard steel and choose from our existing range of furniture. If you choose to use an exotic steel or require us to pursue new furniture options for you, then we reserve the right to increase the cost. This cost will be agreed upon by email or in writing prior to starting work.
- At present, we can only accept payment in Pounds Sterling and so foreign purchases may be exposed to FOREX charges as part of the payment process. This may entail you paying additional fees which are beyond our control.
- Orders will be confirmed by email, as will all despatches.
- All communications must be in writing or email.
- We will not accept orders from anyone under the age of 18, even if the knife is intended as a gift for someone over the age of 18.
- Our working assumption is that, given the cost of our products and your use of a Credit Card as a method of payment, you are over the age of 18. If we suspect this is not the case then we will get in touch before fulfilling your order to confirm that you are indeed over 18.
- We reserve the right to require that you verify that you are over 18 on both a random or targeted basis, particularly for those paying by BACS or following an Invoice. This is a major obligation of ours under UK law so please bear with us – there are any number of ways to demonstrate you’re over 18 and so it should be quick and hassle-free.
- We will maintain a confidential register of our age verification checks.
- All customised knives are made-to-order and we will endeavour to have them despatched within 15 working days of receiving payment.
- For stock knives we will endeavour to achieve despatch within three working days of receiving payment, unless further customisation is requested in which case this may extend to 10 working days.
- Bespoke knives generally take between 6 and 8 weeks to complete, depending on how the prototyping process goes. The process varies greatly from knife to knife so this timeline should be seen as indicative only.
- Every effort will be made to keep to the timescales agreed with you and we will keep you informed of any changes
- We aim to start work on customised orders within 3 working days of receipt of your payment, and cancellations are not accepted after that work has begun.
- For the cancellation of bespoke items, see the bespoke terms and conditions
- Stock items may be cancelled and returned for a full refund from ordering until 14 days after delivery.
- All gift cards must be paid for in full in advance.
- Gift cards are valid for 12 months.
- Gift cards are considered stock items regarding cancellations. They may only be cancelled by, and refunds made to, the original purchaser.
- For customised goods, gift cards have the redeemable value of the knife model specified.
- For bespoke knives, gift cards have the redeemable value of the basic price of a bespoke knife, as displayed on our website.
- The recipient of a gift card may contribute further to the cost of a more expensive knife if they wish, but there will be no refund to either them or the original purchaser if they decide to select a cheaper product.
- All gift cards remain comprehensively transferrable between third parties until returned to us for redemption.
Delivery and Transit
- We charge a flat despatch rate for all knives depending on their destination. This will be clearly shown within your basket in the case of website orders, or in your invoice in other cases. We send all our knives registered delivery via the Royal Mail’s Special Delivery Guaranteed, which are insured but require a signature on delivery.
- We will post items in a manner not requiring a signature upon receipt at the written request of the customer and cannot hold any responsibility for them after posting.
- Once your order has been despatched and we have notified you of your tracking number it is your responsibility to accept or arrange for delivery and to notify us within seven working days of despatch (for the UK and EU) and fourteen days of despatch (for the rest of the world) if there are any issues in this regard.
- All our goods are packaged and wrapped in accordance with the Royal Mail’s ‘Safe and Secure Packaging’ guide.
- We accept no liability for any damage to goods in transit unless notified to us in writing in 24 hours of delivery and the courier concerned on delivery.
- In the case of non-delivery, we accept no liability of any sort unless written notice of non-delivery is given to us within the timeframe stated in para. 46
- Where we accept liability for duly-notified damage in transit or for non-delivery of goods any damages shall be limited solely to replacement of the goods within a reasonable time, whether non-delivery or damage is due to our negligence or otherwise.
- Your statutory rights remain unaffected. All claims for goods alleged to be defective must be made in writing to us within thirty days after the date of delivery accompanied by the return of your order to be inspected by us. Where we accept the defects then we retain the option to either replace the defective goods within a reasonable time or provide a full refund.
- If you ordered (or received) the knife as a gift, and as such defects were not discovered within the 30-day period, then we reserve the right to replace the knife within 90 days of purchase.
- We are experts in our products and our decision on the cause and nature of defects shall be final. In the event of this not being accepted, we shall use Mediation to resolve any differences. (see ‘Complaints and Feedback’ below at para 68)
- All defective goods so returned shall be our property.
- We have no further liability save as covered above.
- In no circumstances shall the company be liable for loss or damage in excess of the agreed sale price.
- To discourage needless argument and misunderstanding, we offer a very reasonable repair service which will cover almost all aspects of repairing your knife (from damaged furniture to a chipped blade) for £50 or 20% of the sale value of your knife, whichever is greater.
Returns (No Defects)
- You are required to look after your knife in accordance with our guidelines, which may be found on our website and which are included with every purchase.
- Any knife that has not been personalised by engraving, or is not customised in any other way, and is considered a stock item as per para. 10 can be returned to us within 14 days of receipt for a full refund (including postage).
- Any customised or bespoke order may not be returned unless defective
- We will not refund the cost of postage and packing for those products we accept on delivery as returns for any reason, unless they follow lawsand regulations ofthe UK and the codes of practice and policy of your chosen courier.
- Our returns address is:
Chisbury Lower Farm
- Our Registered office is: 2 Macniece Drive, Marlborough, Wiltshire, SN8 1TR
- We may be reached by email at email@example.com or by telephone on +44(0)1672870120
Your personal information
- Your payment details are not held by us and are processed by our payment management provider.
- We will not knowingly sell or otherwise divulge any of your contact information to anyone else, unless we have agreed this in writing or by email with you.
- Personal data will be collected and utilised internally for our marketing purposes only.
Complaints and Feedback
- We care passionately about, and believe our success depends upon, the quality of our knives. If you are happy then please spread the word but, in the (hopefully) extremely unlikely event that you are not then please either call or email and we’ll see what we can do to make you happy again.
- In the event of a dispute between the parties or any action which could result in a dispute or difference arising between them, the parties agree first to try to settle the disagreement by mediation.
- The mediation shall be commenced by giving a written notice to the other party at the address given for that party in the order (unless a different address is notified in writing to the other party). The notice shall include a brief statement of the matter or matters whichit is desired to settle by mediation and a brief statement of the reliefor remedy
- The mediation shall be carried out by an agreed mediator within 4 weeks of the dispute.
- Either party may terminate if:
- Savernake Knives shall become bankrupt or insolvent or there is a composition or arrangement with our creditors in place or that we make a proposal in respect of a voluntary arrangement for a composition of debts or a scheme of arrangement to be approved (in accordance with theCompanies Act or Insolvency Act), or have an application make under the Insolvency Act in respect of theCompany to the court for the appointment of an administrator, or have a winding up order made, or (except for the purposes of amalgamation or reconstruction) have a resolution for voluntary winding up passed, or have a provisional liquidator, receiver or manager of its businessor undertaking duly appointed, or have an administrative receiver as defined in the Insolvency Act appointed, or have possession take by or on behalf of the holders of any debenture secured by a floating charge.
- Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
- The governing laws and jurisdiction are those of the courts of England and Wales.
Terms and Conditions for Bespoke Work
- The standard cost of a bespoke knife is as shown on our website and is supplied in our standard packaging.
- If we feel that the materials or design selected will go beyond our standard price we will let you know before proceeding and seek their agreement or otherwise in writing/email before beginning work
- The standard price does not include any ancillary items beyond our standard packaging and additional items will be quoted for separately.
- Once we have received your order in writing or by email then full payment will be expected before work begins.
- 10% of this payment will be secured as a non-refundable deposit upon payment.
- An order can be cancelled from the production of the initial design up to and including the production of the prototype for a 50% refund of the initial agreed price.
- Once work on the final knife has begun we regret no refund can be made.
- Quoted ancillary items require payment on order and are ineligible for a refund, save under the conditions of our main Terms and Conditions.
Timescale and process
- The expected time from commission and payment to completion is eight weeks.
- Unless otherwise explicitly stated by the client, each knife will be made using a prototype, which will be posted to you for evaluation and:
- Will be returned by you to us once it has been evaluated,
- We expect (in our timescale) for the customer to keep and use the prototype for 2 weeks. Any time over-run may affect the timescale; and
- If we feel that a second prototype is required to ascertain the customer’s needs we will supply this at our cost, but adding to the overall timescale; and
- If the customer requests a second prototype, or several prototypes, then they will be charged a standard rate of 20% of the overall cost of the order for each.
Rights and Privacy
- We retain rights to use the design and likeness of the completed work, not including any registered marks or designs of the client’s engraved upon it.
- Unless otherwise explicitly agreed in writing, we retain the right to display the name of the client alongside their commissioned work on our website, social media or with other marketing strategies. If this is not agreed to then we will use the phrase ‘Private Commission’
Third Party Rights
- Nothing in this Agreement shall confer any rights on any person which that person would nothave had but for the Agreements (rights of Third Parties) Act 1999.
- A waiver of any right under the Agreement is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach of or default. No failure or delay by a party in exercising any right or remedy under the Agreement or policy shall constitute a waiver of that or any other right or remedy, nor precludeor restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
- All notices shall be in writing and shall be validly served if delivered personally or sent by recorded delivery to the addresses of the parties set out on the order
Definition of Terms
- Ancillary items
Items not included in the cost of the knife – such as sheaths, lanyards, blocks or pouches
A knife generated from a new, original design involving the creation of a new CAD model ,CAM toolpaths and heat-treatment mould. This will usually involve a prototyping process.
Leisure Pursuits Ltd, trading as Savernake Knives
Your instruction (and our acceptance) to make a knife for you
A complete knife has completed all finishing processes, been inspected and placed in its packaging
- (your) Contact Information
The methods by which you can be communicated with, including your physical address
Our made-to-order range, considered Customised
Using one of our existing knife CAD models as the basis for a new knife, whereby the design is fixed but the furniture, finishes and engraving is chosen by you
- Defects & Faults
Where the knife has a fundamental error that results in breakage or damage while using the knife in a reasonable manner for the purpose for which it was designed
- Delivery date –
The date for delivery of the Goods as set out in the order.
- Design and Likeness
The two- and three-dimensional aspect of the blade in both its conceptual and finished iterations
When the knife has been handed over to our courier for delivery
- Despatch rate
A flat rate for post and packaging that can be found on our website and is subject to change prior to an order being placed
The permanent marking of a blade with a design or text of your choice
A collection of mainly stock items. Repeat orders of non-stock Esoterica models will be considered customised
- European Standards –
A standard relating to the Goods in question adopted by a European standards organisation and made available to the general public
- Exotic Steel
Any steel that is more expensive, or more difficult to come by, than our standard steel of Sandvik 14c28n
The appearance and quality of detailing of the entire knife, especially the blade
Those parts of the knife that are not physical extensions of the steel used for the blade: pins, handles, liners etc
Where a gift voucher is purchased for a third party
The products set out in the order.
- Handle Material
The material used in the construction of the handle. Usually this is a single main material and a liner but this may change for bespoke items
- Insolvency Act
The Insolvency Act 2000
- Intellectual Property Rights
Without limitation any invention, patent, utlitiy model rights, copyright, trademarks, tradenames, internet domain names, design, design rights, designs, service marks, rights in get-up, database rights, know-how, trade secrets, semi-conductor topography riths and any other rights of a similar nature, and in each case (i) whether the same are capable fo protection by registration, (ii) whether the same are registered or no, (iii) including the right ot apply to register any of them, (iv) including any applications to protect or register such rights, (v) including all renewals and extensions of such rights or applications, (vi) whether vested, contingent or future and (vii) wherever existing; and
- Late Payment Act
The Late Payment of commercial debts (interest) Act 1998
All laws, statutory instruments, regulations in force from time to time in the UK
Where an existing model for a knife is taken as the basis of a commission, with the furniture and engraving being custom work.
The placing, via our website, letter or email, of an instruction to manufacture a knife pursuant to these conditions
- Order price
The price as stated in the order
The immediate protective and decorative container that accompanies each knife
- Personal Data
In addition to your contact details, your purchase history and other information relating to sales and enquiries
A knife that has been fixed with furniture and is ready for immediate despatch
A first or preliminary version of a bespoke knife, generally made from more widely available steel, simplified furniture and not finished to the standard of a competed knife
- Re-make / Re-mix
Taking an existing knife model and applying furniture not normally or readily associated with that knife – a customised build
When a gift certificate has been purchased, before beginning the manufacture of the recipient’s desired knife, the certificate must be returned to us for redemption and nullification
- Standard Cost
The price for knives and post and packaging as stated on our website
- Standard Steel
The elapsed time between receipt of an order and despatch
The ability for a gift voucher to be transferred from one person to another prior to being redeemed
The period between despatch and the arrival of the knife at your specified delivery address
Without limitation any and all works of authorship, products, materials, discoveries, inventions, research, processes, systems, programs (including software programs and soruce code), formulae, component lists, operation and training manuals, databases, instructions, manuals brochures, catalogues, process descriptions, know-how, data diagrams, charts, results reports, information, methodologies, ideas, concepts, designs, documents, models, protoypes, sketches, drawings, plans, photographs, specifications and studies created or provided by you (either along or jointly with others) or arising from this Agreement or any duties assigned bo you by the Company (or any Group Company) (whether or not during your normal working hours).
- Working day
Monday to Friday inclusive but not including any public holiday