You are responsible for:
- Ensuring that if any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, you have obtained these before we begin the Services;
- Ensuring that we can access the Property at the agreed times to deliver the goods and/or provide the Services;
- Providing electricity, gas and water, at no cost to us, to enable us to complete the Services and, if necessary, any remedial works;
- Ensuring that access is granted in the event of access being required to neighbouring land and we shall not be held liable for any delays arising out of your inability to gain access;
- The cost of any additional work necessary to complete the works as a result of your failure, or the failure of any third party, in complying with our specifications. Where the Goods have been installed by you or any third party and where this has been constructed inadequately or incorrectly, we will not be held responsible for any subsequent loss or damage attributable to defects with the Goods.
- If you fail to comply with any of your responsibilities outlined in clauses 8.1 – 8.5 above, we will not be held liable for any delays as a result and we reserve the right to recover any costs incurred by us, such as for storage of materials or non-productive visits to the property.
- Any variations must be agreed in writing before we will proceed with the works. Any price variation shall become due for payment to us in accordance with our payment terms as detailed in clause 4.
Cooling Off Period (Consumers Only)
- If you are a Consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. The cooling off period does not apply to any bespoke goods or materials made to measure ordered by the Customer.
- If the Goods are being delivered to you in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.
- If the Goods are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.
- If you wish to exercise your right to cancel the Contract within the cooling off period, you should inform us immediately by a clear statement in writing.
- Cancellation by email is effective from the date on which you send us your message. Please note that the cooling-off period lasts for 14 whole calendar days. If, for example, you send us an email by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.
- If you cancel within this period, you will receive a full refund of any amount paid to us under the Contract. We will refund money within 14 days after the day on which we are notified the Goods (if applicable) have been returned. Please note that you must bear the costs of returning Goods to us if cancelling under this clause 10.
- If you exercise your right to cancel we will organise the collection of the Goods with the supplier, who will liaise directly with you to arrange this collection.
- When a cancellation has been received and we have made the arrangements to have the item collected it is your responsibility to make the product available for collection. Disposing of any product does not result in a full refund, refer to section 10.9. Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if we issue a refund before we have received the Goods and have had a chance to inspect them, we may subsequently charge you an appropriate sum if we find that the Goods have been handled excessively.
- Refunds under this clause 10 will be made using the same payment method that you used when ordering the Goods.
Cancellation After the Cooling Off Period and for Non-Consumers or Customers of Bespoke items
- Where you are not a Consumer, or where the goods ordered were bespoke or made to measure, or should any Consumer cancel an order with us after the expiry of the cooling off period above, you will remain liable to pay for any such part of the work as has been completed and we reserve the right to levy reasonable cancellation charges (including administration costs and loss of profit), against you and these shall fall due for payment immediately. Any deposit and other monies already paid to us shall be non-refundable. Should cancellation take place after we have purchased any Materials, you will be required to pay for such Materials and any expenses incurred by us.
- The Goods are provided with a manufacturer’s guarantee. For further details and terms please refer to the manufacturer’s guarantee documentation supplied with the Goods.
- The following conditions must be met;
- . The Goods were constructed on a firm solid level base
- The Goods were constructed or installed as per the manufacturer’s instructions.
- The Goods have not been customised or modified in any way.
- The Goods have not been touched by an external wall or in contact with a tree or bush, as this would allow moisture.
- The Goods have been used for domestic use only.
- Wood is a natural product and may absorb water. Wood also shrinks and expands during temperature changes, this is normal. You are required to further treat your product if it meets the following criteria;
- Dip Treated Products - Require a further preservative treatment to protect against rot and decay and a waterproof treatment to prevent water ingress after installation. Regular annual retreatment is required.
- Pressure Treated Products - Require a waterproof treatment to prevent water ingress after installation. Regular annual retreatment is required.
- Log Cabins and Insulated Garden Rooms - Delivered untreated and require a preservative and a water proofing treatment after installation to prevent water ingress. Regular annual retreatment is required
- Please note wood is a natural product and if left untreated will absorb water. Wood also shrinks and expands during temperature changes.
- We welcome feedback from our customers and, while we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. Abusive behaviour shall not be tolerated and please make any complaint to us in writing.
Events Outside of Our Control (Force Majeure)
- We will not be liable for any failure or delay in performing our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: adverse weather, power failure, strikes or other industrial action by third parties, acts of terrorism or war, or any other event that is beyond our reasonable control.
- Subject to this clause 15, we will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and us when the Contract is entered into. We will not be responsible for any loss or damage that is not foreseeable.
- We accept no liability in respect of the following:
- . Loss or damage due to causes beyond our control including, but not limited to, accident, storm, flood, neglect, misuse, faults or premature deterioration which results from your failure to comply with our instructions;
- Loss or damage arising from the original installation of Goods, including damage to our works attributable to the failure of foundations, the base or structure, or any other works, where these have not been carried out by us;
- Deliberate or accidental damage and/or misuse of the Goods;
- Damage or deterioration arising out of normal wear and tear.
- Nothing in these Terms and Conditions is intended to or will limit or exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
- We will maintain suitable and valid insurance, including public liability insurance. Details are available on request.
- We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
- Nothing in these Terms and Conditions is intended to or will limit your legal rights as a Consumer under any consumer protection legislation, where applicable. For more details of your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standards Office.
- All personal information that we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 2018, the General Data Protection Regulations 2016 and any amendments thereto. We will not pass on your personal information to any other third parties without first obtaining your express permission unless we have a lawful basis for doing so.
Other Important Terms
- The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Contract.
- If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract or these Terms and Conditions and the remainder of the provision in question will not be affected.
Law and Jurisdiction
- These Terms and Conditions and the relationship between you and us (whether contractual or otherwise) will be governed by, and construed in accordance with, the laws of England and Wales.
- Any dispute, controversy, proceedings or claim between you and us relating to the Contract or these Terms and Conditions (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England and Wales.